Publication Type
Case note/Digest
Version
acceptedVersion
Publication Date
3-2016
Abstract
Rationalising the doctrine of anticipatory breach is notoriously difficult. This may explain the complete lack of attempt by the UK Supreme Court to address its conceptual difficulties in its recent judgment in Bunge SA v Nidera BV [2015] UKSC 43; [2015] 3 All E.R. 1082. It is therefore of interest that the Singapore Court of Appeal in The “STX Mumbai” [2015] SGCA 35; [2015] 5 S.L.R. 1 explained why the doctrine of anticipatory breach can be applied to executed contracts (in the sense of being fully executed by the innocent party). Whilst anticipatory breach applies similarly under English law, the English courts have never considered the underlying justification, save to say in a case with a partially executed contract that “it would be very strange and hardly unworkable” if the innocent party had to wait until the time for performance (Moschi v Lep Air Services Ltd. [1973] A.C. 331, 356, per Lord Simon).
Discipline
Commercial Law | Contracts
Research Areas
Corporate, Finance and Securities Law
Publication
Cambridge Law Journal
Volume
75
Issue
1
First Page
18
Last Page
21
ISSN
0008-1973
Identifier
10.1017/S0008197316000143
Publisher
Cambridge University Press
Citation
GOH, Yihan and YIP, Man.
Rationalising anticipatory breach in executed contracts. (2016). Cambridge Law Journal. 75, (1), 18-21.
Available at: https://ink.library.smu.edu.sg/sol_research/1674
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1017/S0008197316000143