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Restrictions On The Right To Terminate Notes

Law Notes > Contract Notes

This is an extract of our Restrictions On The Right To Terminate document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

RESTRICTIONS

ON

THE

RIGHT

TO


TERMINATE

*

Termination

for

Repudiation


o Expression

of

unwillingness

or

inability

to

perform


SS? Such

a

contract

may

be

repudiated

if

one

party

renounces

his

liabilities


under

it

-

if

he

evidences

an

intention

no

longer

to

be

bound

by

the


contract

* Foran

v

Wight


o Accept

or

not

accept?


SS? Refusal

can

be

at

the

time

required

for

performance

or

pior

to

it

* Anticipatory

repudiation

hence

an

anticipatory

breach


o Repudiation

or

breach


SS? There

is

an

overlap

between

principles

of

repudiation

and

of

principles


relating

to

termination

for

breach


Termination

for

Repudiation

* Proof

of

repudiation


o By

reference

to

the

words

or

conduct

of

the

repudiating

party


o By

reference

to

the

repudiating

party's

position


o No

need

to

prove

the

repudiating

party

actually

cannot

or

actually

are

unwilling


to

perform

their

obligations.

Just

that

they

have

expressly

or

impliedly


manifested

an

inability

or

unwillingness

to

perform

* Unwillingness

or

inability

of

the

repudiating

party

to

perform

must

be

sufficiently


serious

matter


o The

unwillingness

or

inability

relate

to

the

whole

contract


SS? Hochester

v

De

la

Tour


o The

unwillingness

or

inability

to

perform

which

indicates

the

repudiating

party


will

be

in

breach

of

the

contract

in

such

a

way

as

gives

rise

to

a

right

to


terminate


SS? Foran

v

Wight

* Condition

or

fundamental

term


Repudiation

by

words

or

conduct

or

inability

to

perform

* Express

Refusal


o Hochester

v

De

la

Tout

* Implied

Refusal


o Laurinda

Pty

Ltd.

V

Capalaba

Park

Shopping

Center

Pty

Ltd


SS? The

question

whether

an

inference

of

repudiation

should

be

drawn


merely

from

continued

failure

to

perform

requires

an

evaluation

of

the


delay

from

the

standpoint

of

the

innocent

party.

Would

a

reasonable


person

in

the

shoes

of

the

innocent

party

clearly

infer

that

the

other


party

would

not

be

bound

by

the

contract

or

would

fulfill

it

only

in

a


manner

substantially

inconsistent

with

that

party's

obligations

and

in


no

other

way

* Incorrect

termination

of

a

contract

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