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Anticipatory Breach


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Table of Contents

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

About the Author

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.


This work examines in detail the English doctrine of anticipatory breach, filling 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: 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. The book challenges the misconceptions with which the doctrine of anticipatory breach was historically associated, the obscurity and precariousness of its theoretical foundation and the resulting inconsistency and inflexibility in its application. In place 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.

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