Claiming damages upon an anticipatory breach: Why should an acceptance be necessary?

Liu, Qiao (2005) Claiming damages upon an anticipatory breach: Why should an acceptance be necessary?. Legal Studies, 25 4: 559-577. doi:10.1111/j.1748-121X.2005.tb00684.x

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Author Liu, Qiao
Title Claiming damages upon an anticipatory breach: Why should an acceptance be necessary?
Journal name Legal Studies   Check publisher's open access policy
ISSN 0261-3875
1748-121X
Publication date 2005
Sub-type Article (original research)
DOI 10.1111/j.1748-121X.2005.tb00684.x
Volume 25
Issue 4
Start page 559
End page 577
Total pages 19
Editor J. Steele
J. Poole
R. Merkin
Place of publication Oxford, United Kingdom
Publisher Blackwell Publishing
Language eng
Subject 1801 Law
C1
Abstract This article is an attempt to defend the English rule that an anticipatory breach does not automatically give rise to a right of action for damages unless and until it is'accepted'. The article first explores the major arguments for and against the rule and finds that the rule is justifiable on the ground of finality and consistency and that none of its objections are persuasive enough to overturn the rule. The article further observes that the rule must be qualified in two important respects in order to retain its rational force. However, the above rule is currently stated by the courts to the effect that an anticipatory breach is not per se a breach and is only'converted'into a breach when it is'accepted'. It is proposed that this statement is historically unwarranted and contradicts sound logic and should thus be discarded.
Keyword Anticipatory breach
English law
English courts
Breach-conversion rule
Q-Index Code C1

Document type: Journal Article
Sub-type: Article (original research)
Collections: Excellence in Research Australia (ERA) - Collection
TC Beirne School of Law Publications
 
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Created: Tue, 10 Feb 2009, 11:03:27 EST by Ms Julie Schofield on behalf of Faculty of Business, Economics & Law