The law on anticipatory breach has been called “difficult” for students and referred to as “pure joy to teachers intent upon persecuting their students.” With such characterizations, these writers could not resist the temptation to inspect decisions of the last decade to discover if additional nuances in the law of anticipatory breach have been revealed.
Such is the objective of this paper. It is an inquiry into case decisions of the past decade to determine whether what might be called an “exception to the exception” to the rule governing anticipatory breach has gained further support.
Wiesner, Donald A. and Klotchman, Janisse
"Anticipatory Breach and the Unilateral Contract: A Decade of the Status Quo,"
University of Dayton Law Review: Vol. 8:
1, Article 3.
Available at: https://ecommons.udayton.edu/udlr/vol8/iss1/3
Donald A. Wiesner: Professor of Business Law, University of Miami (Florida); J.D., 1953, University of Miami (Florida); LL.M., 1961, University of Miami (Florida).
Janisse Klotchman: Assistant Professor of Business Law, University of Miami (Florida); B.A., 1968, University of California at Los Angeles; J.D., 1972, Loyola of Los Angeles School of Law.