Frost v. Knight

Facts

• Knight (defendant) promised to marry Frost (plaintiff) upon the death of his father
• While the father was still alive, Knight broke off the engagement and married another woman
• Frost sued immediately for breach of promise to marry
• Knight argued: the contingency (father's death) had not occurred, so performance was not yet due and no breach could have happened

Issue

1. Whether a party can sue for anticipatory breach of a contingent contract, where performance is conditional on a future event that has not yet occurred?

Held

• The court held for Frost; she could sue immediately
• The doctrine of anticipatory breach (Hochster v De La Tour) applies to contingent contracts as well as absolute contracts
• When Knight declared he would not perform even if the contingency occurred, this was an unequivocal repudiation
• The innocent party need not wait for the contingency to happen before suing
• The innocent party has the same two options: (a) accept the repudiation and sue at once, or (b) keep the contract alive

Ratio Decidendi

Anticipatory breach extends to contingent contracts. Where a party has promised to perform upon the occurrence of a future event, and before that event occurs declares an intention not to perform, the innocent party is not required to wait for the event. The repudiation constitutes an immediate breach of the continuing duty to hold oneself ready and willing to perform if the contingency occurs.