Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2019

The Principle of Anticipatory Repudiation

The Principle of Anticipatory Repudiation

Chapter:
(p.673) Forty-Eight The Principle of Anticipatory Repudiation
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0048

Chapter 48 concerns anticipatory repudiation, that is, repudiation of a contract by a promisor before she is required to perform. An anticipatory repudiation may consist of either an expression by the promisor that she intends not to perform all or a significant part of her duties under the contract, or conduct by the promisor that leads to her inability or apparent inability to perform all or a significant part of her duties under the contract. Many courts have held that an expression will constitute an anticipatory repudiation only if the expression is an unequivocal repudiation of the contract. This strict test is an unjustified departure from the general principles of interpretation, should not be followed, and is not followed by all courts.

Keywords:   anticipatory repudiation, unequivocal repudiation, inability to perform, apparent inability, principles of interpretation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .