The law on anticipatory breach has been called “difficult” for students and referred to as “pure joy to teachers intent upon persecuting their students.” With such characterizations, these writers could not resist the temptation to inspect decisions of the last decade to discover if additional nuances in the law of anticipatory breach have been revealed.
Such is the objective of this paper. It is an inquiry into case decisions of the past decade to determine whether what might be called an “exception to the exception” to the rule governing anticipatory breach has gained further support
