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Restrictions On The Right To Terminate Notes

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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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