Anticipatory Breach and Installment Contracts

AuthorJack Michael Graves
Pages127-136
Anticipatory Breach
Chapters 7 and 10 addressed “present” or actual existing breaches by seller
and buyer, respectively. However, in some instances, the likelihood of a
future breach will manifest itself before performance comes due—i.e., before
a “present” breach occurs. This circumstance is broadly characterized as
“anticipatory breach” under the CISG. Such an anticipatory breach may
take one of three basic forms. Two of these forms may arise from factual
circumstances internal or external to the contract at issue—the differences
between the two involving the degree of likelihood and effect of the antici‑
pated breach. The third involves installment contracts—specically the
effect of a present breach of one installment as predictive of potential future
breaches of other installments.
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ANTICIPATORY
BREACH AND
INSTALLMENT
CONTRACTS
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INTRNTL Graves CISG Final Press Pass.indd 127 5/6/13 9:36 AM

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