ANTICIPATORY BREACH AND THE ENFORCEMENT OF CONTRACTUAL DUTIES

Authors

Henry Winthrop Ballantine, University of Minnesota

Abstract

The doctrine of anticipatory breach, announced in England in 1853 in the leading case of Hochster v. De La, Tour, presents some interesting questions of legal theory. While it has been almost universally accepted by the courts of this country, the principles upon which the doctrine rests have been seriously questioned and the courts have shown an unfortunate bewilderment and hesitation in its extension and application. Professor Williston, probably the leading American authority in the field of contracts, has for many years been a vigorous critic of this doctrine. He goes so far as to assert that the doctrine is utterly illogical, that it is unjust to the defendant, and that the matter is so plain on principle that theoretical discussion is hardly possible. There are no doubt many other learned persons who regard the doctrine as an anomaly, which has found its way into the law without proper credentials, and which is to be applied with caution and hostility. It is, however, the purpose of the writer to argue in favor of anticipatory breach, to endeavor to answer these criticisms, and to sustain the doctrine on legal principle as well as on practical convenience.

Recommended Citation

Henry W. Ballantine, ANTICIPATORY BREACH AND THE ENFORCEMENT OF CONTRACTUAL DUTIES, 22 Mich. L. Rev. 329 (1924).
Available at: https://repository.law.umich.edu/mlr/vol22/iss4/4