How to identify a repudiatory breach Of contract
Whether you are drafting or litigating and reviewing a contract, it is absolutely essential that you understand the difference between material breach and a repudiatory breach of common law
During this session Helen Swaffield of Contract Law Chambers will take you through the questions to consider when attempting to identify a repudiatory breach of contract:
· What type of obligation? Conditions, warranties and intermediate or innominate terms
• What type of breach? Material or repudiatory
• What is the nature of the response? Waiver, affirmation, acceptance, serve a notice to cure etc
• What is the nature of the remedy?
Consideration will be given to the way in which the nature of the response can often dictate the type or remedy and the way the breach is handled; This is an important operational subject which can sometime be provided for within the contract. In addition, the Supreme Court’s pre-occupation with intermediate or innominate terms when considering a contract and its power to remedy will also be discussed.
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