In what circumstances will a party suing for breach of contract have to shew that he was ready to perform his part on the day?
British Columbia, Canada
The following excerpt is from RDA Film Distribution Inc. v. British Columbia Trade Development Corp., 1999 CanLII 5862 (BC SC):
In Heard v. Wadham, supra, at p. 630, Lawrence J. wrote as follows: . . . many cases in the books may be cited to shew, that where one party is to do a certain thing on a certain day, in consideration of which the other party is to do another thing, the party suing for a breach of contract must shew that he had performed or was ready to perform his part on the day.
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