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Anticipatory breach of contract and the necessity of adequate assurance under English law and Uniform Commercial Code

Beheshti, Reza

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Abstract

The doctrine of anticipatory breach of contract originated in English law and was adopted into the Uniform Commercial Code. The doctrine remained intact and rigid in English law but certain rules were modified in the UCC regime, which supplemented it by introducing the novel doctrine of adequate assurance, which is absent from English law. This article explores whether English law should undergo a legislative reform to introduce the doctrine of adequate assurance. One hypothesis that will be examined is that adequate assurance is a logical corollary to the doctrine of anticipatory breach of contract, being necessary to secure the full benefit of the latter. The decision in The Pro Victor is investigated: a party made a request for confirmation of performance and the other party’s failure to provide constituted a renunciation—perhaps the first recognition by an English court of the adequate assurance doctrine. Doctrines in English law that may have similar functions to adequate assurance (eg, stoppage in transit, which carries with it a modification of contract and exerts pressure on the insolvent buyer to assure the seller about his performance) are examined in order to assess whether adequate assurance fits well into English commercial law. It is suggested that the doctrine of adequate assurance should formally be introduced as a new section in the Sale of Goods Act 1979.

Citation

Beheshti, R. (2018). Anticipatory breach of contract and the necessity of adequate assurance under English law and Uniform Commercial Code. Lloyd's Maritime and Commercial Law Quarterly, 276-300

Journal Article Type Article
Acceptance Date Feb 20, 2018
Publication Date Apr 27, 2018
Deposit Date Mar 22, 2018
Publicly Available Date Apr 28, 2020
Journal Lloyd's Maritime and Commercial Law Quarterly
Print ISSN 0306-2945
Electronic ISSN 2329-8472
Publisher Informa Business Intelligence
Peer Reviewed Peer Reviewed
Pages 276-300
Public URL http://eprints.nottingham.ac.uk/id/eprint/50589
Publisher URL https://www.i-law.com/ilaw/doc/view.htm?id=388693
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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