To recover substantial damages for anticipatory breach by renunciation, the innocent party must prove on the balance of probabilities that it would have had the capacity and willingness to perform when called upon (the higher threshold), not merely that it was not substantially incapacitated (the lower threshold which suffices for rescission). The relevant time for this assessment is the date of acceptance of the repudiation, not the date of the repudiation itself. In assessing loss of commercial opportunity damages, a developer's margin may properly be treated as reflecting ordinary development risk rather than as a cost, and half of it deducted from the as-if-complete value without constituting double counting with a subsequent probability discount for peculiar completion risks. The Wallersteiner indemnity costs principle for minority shareholder derivative actions does not necessarily extend to derivative actions by trust beneficiaries who seek direct personal benefit from the proceedings.
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