Document Type

Article

Publication Date

2001

Abstract

This article traces the evolution of the doctrine of anticipatory repudiation from its foundations laid years before the landmark case of Hochster v. De la Tour, 118 Eng. Rep. 922 (Q.B. 1853), through Hochster, its growing acceptance by American courts in the late-1800s and early-1900s, its canonization in the first Restatement of Contracts (despite the Restatement's principal Reporter's personal objections to the doctrine), its codification in the Uniform Commercial Code, its standardization in the Restatement (Second) of Contracts, and its inclusion in the U.N. Convention on Contracts for the International Sale of Goods. This article devotes considerable attention not only to judicial and legislative recognition (and, in limited cases, rejection) of the doctrine, but also scholarly support and criticism - particularly during the watershed period from the late-1800s through the mid-1930s. It also compares and contrasts the contours of the doctrine before and after each major evolutionary step.

Publication Citation

69 U. Cin. L. Rev. 565 (2001).