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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Anticipatory Breach (Hardcover, New)
Loot Price: R3,384
Discovery Miles 33 840
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Anticipatory Breach (Hardcover, New)
Expected to ship within 12 - 19 working days
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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.
General
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