Question

Actual performance is equal to tender of performance

Answer 1

A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a material breach notice by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited).(According to the court, actual performance, rather than an indication of a willingness to perform, is required to remedy a material breach of contract.