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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Anticipatory Breach

ISBN13: 9781849461122
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £63.00

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This work examines in detail the English doctrine of anticipatory breach, a hugely 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 consisting of nine chapters, which cover between them various aspects of the doctrine of anticipatory breach: historical genesis, theoretical characterisations, terminology, the constitution of an anticipatory breach, the defence 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, challenging the misconceptions with which it was historically associated, the obscurity and precariousness of its theoretical foundation and the resulting inconsistency and inflexibility in its application.

Instead, the author argues for a reformulation which follows a more rational, coherent and refined theoretical framework. This book is written in clear, straightforward language, and will appeal to academics, practitioners and law students alike.

Contract Law
Part I Demystifying Anticipatory Breach Chapter
1. The Genesis of Anticipatory Breach Chapter
2. A Redefinition of Anticipatory Breach

Part II Establishing Anticipatory Breach
Chapter 3 A Critique of the Prevailing Test
Chapter 4 The Making of a Unifying Test
Chapter 5 Anticipated Breach as Defence

Part III 'Election' Following Anticipatory Breach
Chapter 6 Unlocking the Enigma of Acceptance
Chapter 7 The Use and Misuse of 'Affirmation'

Part IV Remedying Anticipatory Breach
Chapter 8 Claiming Damages
Chapter 9 Specific Relief Conclusion