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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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The Principle of Adequate Assurance of Performance

The Principle of Adequate Assurance of Performance

(p.683) Forty-Nine The Principle of Adequate Assurance of Performance
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 49 concerns cases in which although a promisor does not explicitly repudiate a contract, the promisee has justifiable insecurity about whether the promisor will perform. There are several kinds of cases of this sort. They include an apparent repudiation, an apparent material breach, and a breach by the promisor of other contracts with the promisee or comparable contracts with third parties. The governing principle in such cases is that the promisee can require the promisor to provide adequate assurance that her performance will be forthcoming, and the promisor’s failure to provide such assurance is a breach.

Keywords:   adequate assurance, apparent repudiation, apparent material breach, justifiable insecurity, comparable contracts

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