[T]he plaintiff, after the defendant`s waiver of the agreement, should be free from any future execution and reserves the right to file a complaint for any damage he has suffered by the breach after the defendant renounces the agreement. Therefore, instead of being inactive and putting money into preparations that must be useless, he is free to seek a service from another employer that would be used to reduce the damage to which he would be entitled in the event of an infringement. It seems strange that the accused, having renounced the Treaty and declaring that he would never act accordingly, should be allowed to object to the assertion that he is given faith, and that he is given no opportunity to change his mind. Top v. De La Tour, 2 Ellis – Blackburn 678 (Q.B. 1853). With respect to the concept of anticipated breach, the idea is that the subject has the right to demand appropriate guarantees from the debtor that the contractual obligations are met. When the policyholder makes such a reasonable insurance claim, the requirement must be guaranteed that contractual benefits are performed where there are reasonable reasons for uncertainty about the performance of the other party; Failure to comply with such an offence is an anticipated offence. and there is no reasonable assurance, the subject may consider that the debtor will consider an anticipated offence and take it into account. That is, once the contract is concluded, the obligated person may run into the worrying news that the debtor`s performance is wobbly. A change in the financial situation occurs, an unknown applicant on land rights appears, a labour strike is underway or a number of situations occur that affect the performance of contractual obligations.
Under these conditions, the reporting entity has the right to request a reasonable guarantee that the debtor is required to meet its contractual obligations. The general reason for such a rule is indicated in section 2-609 (1), which states that a contract « imposes on each party the obligation not to interfere with the other`s expectation of a correct performance. » Moreover, it would be foolish, if possible, not to make other arrangements when it is clear that his original debtor will not be able to provide a service.