untitled

Discharge of contractual liability 147

Figure 5.4 gives an overview of discharge by acceptance of an anticipatory breach.

concluded contracts Legislation giving right to cancel

In certain circumstances legislation gives a consumer a ‘cooling-off’ period during which a
concluded contract can be cancelled.
The Consumer Protection (Distance Selling) Regulations 2000 give a cooling-off period of
seven days to consumers who buy goods or services from a supplier by means of a distance
contract. A consumer is defined as a natural person (and therefore not a company) who
is acting for purposes which are outside his business. A contract is a distance contract if it
concluded solely by means of distance communications, that is to say without the consumer
and the supplier ever actually meeting each other. The Regulations give the following
examples of means of distance communications: letter, newspaper advertisement with
an order form, catalogue, telephone, radio, television, computer, email, fax and television

HeldThe outbreak of war frustrated the contract (because Odessa had become controlled

by the enemy and it is illegal to supply an enemy-occupied country) and so the right to sue

had been permanently lost.

Figure 5.4Discharge by acceptance of anticipatory breach