Document Type



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.


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.

Publication Date


Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.