End-of-chapter questions: Answer Guidance 26.2

Anticipatory breach of contract

This question requires you to consider in some depth the ‘legitimate interest’ restriction in White & Carter. The law in this area is difficult, but nevertheless you need to make clear your views on the normative (‘should’) part of the question, and not just on the descriptive (‘does’) part. You may think the ‘legitimate interest’ should simply be abolished in its entirety, but then you should consider what the consequences of that might be. The Supreme Court decision in Geys offers different approaches to what the ‘legitimate interest’ actually restricts, and good answers could engage with both the majority and minority judgments.

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