What is the ratio in Avery v Bowden?

An anticipatory repudiation can be retracted by the repudiating party if the innocent party has not accepted the repudiation and the contract remains alive.

What did the court decide in Avery v Bowden?

The court held that Avery had not accepted Bowden's anticipatory repudiation, so the contract remained alive and was later frustrated by war.

Why is Avery v Bowden important for contract law?

It establishes that anticipatory repudiation requires acceptance by the innocent party to be effective and demonstrates the risks of keeping contracts alive.

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