ANTICIPATORY BREACH OF CONTRACT: ARISING AND EXISTENCE A BRIEF REVIEW OF QUALITY OF ANTICIPATORY BREACH DOCTRINE FORMATION | ||
| مطالعات حقوق خصوصی | ||
| Article 8, Volume 41, Issue 3, October 2012, Pages 137-154 PDF (326.98 K) | ||
| Authors | ||
| Saeed Habiba; Abbas Kazemi Najafabadi | ||
| Abstract | ||
| Knowing of formation of a legal rule is an efficient way to recognizing and assessing of that rule. Anticipatory breach doctrine became apparent in Common Law when the court in Hochster versus De La Tour case (1980), hold that a party could breach an executor contract prior to the performance date and injured party entitle to sue at once. Before it, courts had made a negative answer to this matter and expressly had denied it. Courts argument was that it is impossible to make a sentence before having a subject. But, refusing to accept repudiation, with certainty of future beach, would mean the waste of economic opportunities and remaining parties idle and delayed. | ||
| Keywords | ||
| Anticipatory Breach; claim; Contract; Judge-Made Law.; maturity; Repudiate | ||
|
Statistics Article View: 2,974 PDF Download: 2,065 |
||