1.  As is often the case, the principal odium falls on an innocent party.

2.  He sees himself as the innocent party in this dispute.

3.  In the case of the innocent parties they must have known each other for at least two years.

4.  The duty to mitigate does not apply where the innocent party refuses to accept the anticipatory breach as a repudiation.

5.  There are just two qualifications to this last point, i.e. which apply where the innocent party immediately accepts the repudiation.

6.  They feel that as innocent parties they are being cheated.

7.  Ownership passes to the alleged thief under a voidable contract and remains with him until the contract is avoided by the innocent party.

8.  If the contract is voidable, there is no obligation to make restoration because the obligation does not arise until the innocent party elects to avoid the contract.

9.  They will seek to put the innocent party, so far as possible, in the position he would have been in had the contract been performed.

10.  Clauses defining the consequences of breach A further alternative is for clauses to define the rights available to the innocent party in the event of breach of contract.