Document Type : Research/Original/Regular Article
Authors
1 PhD in Private Law, Faculty of Humanities, Islamic Azad University (Tehran West Branch), Tehran, Iran
2 Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University (Quds City Branch), Tehran, Iran
Abstract
In cases where one of the parties to the contract, for any reason, does not want or cannot fulfill its obligations in due time, the other party faces an unforeseen or anticipatory breach. Anticipatory breach of contract causes essential and consequential damages to the other party. Contractual damages often result from an actual breach of contract. However, Anticipatory breach can also lead to essential and consequential damages. Some contractual damages do not arise directly from a breach of contract, but are usually in the normal and reasonable course of affairs to breach of contract. However, the possibility of compensating for such damages is facing with a major problem in Iranian law. The most important impediment to compensating for such losses is the possibility and lack of customary causal relationship between the damage and the harmful act. This research seeks to assess the feasibility of compensating for consequential damages arising from Anticipatory breach of contract in Iranian law by analytical-descriptive method and by invoking to certain jurisprudential and legal principles and rules such as La-Zarar (No-Harm), reciprocity, assumption of the wise and the governance of will.
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