Anticipatory Breach

1. Auflage 2011
ISBN: 978-1-84946-112-2
Verlag: Bloomsbury 3PL

Buch, Englisch, 278 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 584 g

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.

Autoren/Hrsg.

Qiao, Liu

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Dr Qiao Liu is a senior lecturer teaching and researching in contract, commercial law and comparative Chinese law at the University of Queensland in Australia. He is also an Adjunct Professor of Comparative Law at the Xi'an Jiaotong University in China.