Anticipatory breach and estoppel - Does estoppel provide a unified doctrine for relief in all cases of anticipatory breach?

Document Type

Journal Article

Publication Title

AUSTRALIAN BAR REVIEW

Publisher

LexisNexis Butterworths

School

School of Business and Law

RAS ID

26036

Comments

Meiring, C. & Yin, K. (2017). Anticipatory breach and estoppel — does estoppel provide a unified doctrine for relief in all cases of anticipatory breach? Australian Bar Review, 44(3), 267-296. https://search.informit.org/doi/abs/10.3316/agispt.20180244

Abstract

When a contract has been anticipatorily breached, the two traditional remedies of affirmation and termination are not always adequate to determine the parameters of the relief for the innocent party. If the innocent party does not explicitly terminate, they may have a ‘half-way house’ remedy where they can escape performance while leaving the contract on foot. This article suggests that equitable estoppel is the most apt rationalisation for the entirety of the rights of the parties and provides a consistent rationalisation for the respective rights of the parties to an anticipatorily breached contract.

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