Where a contract is terminated for the promisor's repudiation, the promisee's right to future instalment payments that are contingent on the promisee's further performance of executory obligations does not constitute an accrued right surviving termination. However, the promisee retains a claim for loss of bargain damages, which is distinct from a claim for wrongful dismissal even where the contract is characterised as one of employment. Loss of bargain damages are the necessary and immediate consequence of a claim for breach by anticipatory repudiation and need not be separately particularised in the pleadings.
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