A is a book publisher and would like to take part in a Book Fair. A contracted B to do all the arrangements, for example, erecting displays and stands in the venue of the Fair. A agreed to pay B by two instalments.
The payment of the second instalment is late for 4 days. B attempted to terminate the contract, claiming that A has committed a 'repudiatory breach ' of the contract by late payment and that time is the essence of the contract.
Assuming that time is actually NOT a condition (or essence) of the contract, and thus B in fact has NO right to terminate, would B's attempt to terminate amount to an anticipatory breach? Because B has clearly evinced an intention to refuse all performance by 'terminating' the contract?