Anticipatory Breach
By: Liu Qiao
About This Book
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.
AI Overview
The book "Anticipatory Breach" by Liu Qiao is a scholarly work that examines the English doctrine of anticipatory breach in detail. Here is a comprehensive overview of the book, including key themes, plot summary, and critical reception:
Key Themes
- Contract Theory and Practice: The book delves into the theoretical and practical aspects of anticipatory breach, a significant subject in contract law.
- Remedies: Part IV of the book focuses on the remedies available for anticipatory breach, including discussions on damages and their assessment.
- Critical Examination of Leading Cases: The book critically examines leading cases related to anticipatory breach, providing a detailed analysis of the legal principles involved.
Plot Summary
The book does not have a traditional narrative plot but rather a structured academic approach to understanding the doctrine of anticipatory breach. It covers various aspects of this legal concept, including its theoretical underpinnings, practical implications, and the remedies available for breach. The detailed examination includes discussions on the assessment of damages, the role of certainty in legal decisions, and the potential for unfair over-compensation.
Critical Reception
- Academic Praise: The book has been praised for its thorough and thought-provoking examination of the subject. It is considered a welcome addition to contract law literature, offering more than enough to keep the reader engaged despite its somewhat narrow focus.
- Controversial Arguments: The book presents controversial arguments, such as the suggestion that the majority approach in assessing damages for anticipatory breach is more appropriate than the minority approach, which emphasizes the importance of certainty.
- Scholarly Work: It is described as a scholarly work that critically examines the leading cases in detail, making it a valuable resource for both academics and practitioners in the field of contract law.
Publication Details
- Author: Qiao Liu, a Senior Lecturer in Law at the University of Queensland and an Adjunct Professor of Comparative Law at Xi’an Jiaotong University.
- Publisher: Hart Publishing.
- Publication Date: 2011.
- Pages: xxxv and 227 pages, plus 6 pages of bibliography and 7 pages of index.
Overall, "Anticipatory Breach" by Liu Qiao is a significant contribution to the field of contract law, offering a comprehensive and critical examination of the doctrine of anticipatory breach. Its detailed analysis and thought-provoking arguments make it a valuable resource for scholars and practitioners alike.