Termination by acceptance of anticipatory breach requires the assent of all parties to the contract where the non-assenting party is a joint contracting party, following Lion White Lead Ltd v Rogers. An intermediate appellate court is bound to follow a well-considered High Court obiter dictum that has stood without contradiction for a long period. A vendor who has not proffered performance of concurrent obligations cannot claim damages for a purchaser's failure to complete after the contractual settlement date has passed.
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