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A Comparative Study on Anticipatory Breach System

Author: LiQing
Tutor: ZuoHaiCong
School: Wuhan University
Course: Legal
Keywords: Anticipatory breach of contract Unsafe right of defense system Contract
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 355
Quote: 1
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Abstract


The concept of Anticipatory breach of contract means: before the expiration of performing the contract coming, one party clearly and firmly express he will not perform essential contract obligations to another party without reason, or one party has reasonable excuse to foresee another party cannot perform contract, and another party cannot offer full performance guarantee within reasonable deadline. The system of anticipatory breach of contract has come into being since 1853,originated from the case of English employment contract dispute named Hochster V. Dela Teur. Later, this system was stipulated by the Anglo-American law system, United Nations convention on Contracts for the International Sale of Good(CISG)and so on. Our county’s new contract law also adopted some from it. The unsafe right of defense system of Continental law system is also similar with Anticipatory breach of contract system in some degree. This paper analyze and compare systematically the constructive condition and legal consequences of many kinds of relative system such as: Anglo-American law system, Continental law system, CISGandPICC(Principles of International Commercial Contracts),in order to do something to improve Anticipatory breach of contract system in our county’s contract law.The thesis is divided into four chapters. Chapter one is the summarization of the system of Anticipatory breach of contract, expound mainly the concept, origination and value of this system.Chapters two expound the constructive conditions of relative system about Anglo-American law system, Continental law system, CISGandPICC. Then, analyze and compare them.Chapters three expound the legal consequences of relative system about Anglo-American law system, Continental law system, CISGandPICC. Then, analyze and compare them.Chapters four expound the constructive conditions and legal consequences of our country’s system of Anticipatory breach of contract. Then analyze the relative merits of our county’s system. At last make some suggestions to our county’s contract law.

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