Part 2Remedies for Breach of Contract

Contractual retention

23Notification of contractual retention for an anticipatory breach of contract

(1)

Where PA exercises contractual retention for an anticipatory breach by PB in accordance with section 22(1)(b), PA must notify PB of the contractual retention—

(a)

before the contractual retention begins, or

(b)

as soon as reasonably practicable after the start of the contractual retention.

(2)

For the purposes of subsection (1), a notification must be written or oral.