Brief History of Formation of Anticipatory Breach Doctrine (in Common Law Judge-made Law and its Permeation into Domestic Codes and International Regulations)

Knowing the grounds and constructive factors of a legal rule and quality of its formation and process of its evolution, is a very efficient way to recognizing and assessing and also, analyzing the advantages and disadvantages of that rule. Anticipatory breach of contract is one of the new rules in the international contracts law. Anticipatory breach doctrine became apparent in Common Law when the court in Hochster versus De La Tour case (1980), held that a party could breach an executor contract prior to the performance date and injured party entitle to sue at once. Before it, courts argument was that it is impossible to suppose breach of contract before the date of performance, in the other words, it is impossible to make a sentence before having a subject. But, refusing to accept repudiation, with certainty of future breach, would mean the waste of economic opportunities and remaining parties idle and delayed. So, in Hochster versus De La Tour case, the court accepted the rule because of its practical convenience and efficiency. Hereafter, this decision confirmed and established by superior courts of England, Canada and America and gradually its aspects become clearer through out other cases. In spite of opposition of authors, efficiency and popularity of this doctrine caused it permeation into First Restatement of Contracts and Uniform Commercial Code of America and ultimately, in 1980, developed as a mandatory international rule in the cover of articles 71 and 72 of United Nations Convention on Contracts for the International Sale of Goods.