By Qiao Liu
This work examines in detail the English doctrine of anticipatory breach, which is an important subject in terms of both contract theory and commercial practice. It fills a significant gap in the existing literature with a comprehensive, systematic, and in-depth treatment of the subject. The book not only restates the doctrine of anticipatory breach, but also rejuvenates it, developing the proposition that the doctrine is essentially a mechanism for sanctioning present contractual remedies for future breaches. This proposition is developed in four parts, covering various aspects of the doctrine of anticipatory breach, including: the historical genesis, the theoretical characterizations, terminology, the constitution of an anticipatory breach, the defense of anticipated breach, the principle of election, the peculiarities of a right to claim damages, the assessment of damages, the victim's ability to continue with its performance and to claim the contract price when it is due, etc. Above all, the book presents a carefully engineered critical review of the doctrine of anticipatory breach as it stands. It challenges the misconceptions with which the doctrine was historically associated, the obscurity and precariousness of its theoretical foundation, and the resulting inconsistency and inflexibility in its application. Instead, it argues for a reformulation which follows a more rational, coherent, and refined theoretical framework.
Publication Date: 2/1/2011