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Termination By Breach Or Repudiation Notes

Law Notes > Contract Notes

This is an extract of our Termination By Breach Or Repudiation 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:

TERMINATION

BY

BREACH

OR


REPUDIATION


Right

to

rescind


o Rescission

ab

initio


SS? Discharge

from

the

beginning


o Can

the

parties

returned,

(substantially),

to

their

original

position?


SS? Misrepresentation,

mistake,

unconscionable

conduct,

duress,

undue


influence,

and

or

misleading

or

deceptive

conduct

* Right

to

terminate


o Right

to

terminate

the

performance

of

the

contract

in

futuro


o Accrued

rights

may

still

be

enforceable

but

not

future

rights


SS? Breach

and

repudiation

* Repudiation

gives

right

to

terminate


Right

to

Terminate

* Every

breach

of

contract

gives

rise

to

a

right

to

damages

* Not

every

breach

entitles

the

promise

the

right

to

terminate

the

contract

* Right

to

terminate

can

come

from:


o Termination

clause

in

the

contract


SS? Allows

parties

to

alter

the

common

law

and

is

a

question

of


construction


SS? Statute

* Rare,

but

certain

legislation

does

give

this

right


o Sale

of

Goods,

ACL

etc.


SS? Cannot

contract

out

of

ACL


SS? Remedies

are

also

through

the

statute


SS? Common

Law

* Arises

in

3

situations:


o Breach

of

a

condition


SS? An

essential

term

in

the

contract


o A

fundamental

breach

of

an

intermediate

term


o Repudiation


SS? Words

or

conduct

amounting

to

a

refusal

to


perform

the

contract


Termination

for

Breach

of

a

Condition

* All

breaches

of

a

condition

will

give

rise

to

the

right

to

terminate,

regardless

of

the


gravity

of

the

breach


o Arcos

v

Ronaasen

* Express

or

implied

* A

term

can

be

deemed

a

condition


o By

statute


SS? ACL

s54

"guarantee

as

to

acceptable

quality"


SS? By

designation

* Need

a

clear

intention

for

term

to

have

status

as

'condition'

* Use

of

the

word

condition

is

not

decisive


o Schuler

v

Wickman

Machine

Tool

Sales


o By

construction


SS? "the

test

of

essentiality

is

whether

it

appears

from

the

general

nature

of


the

contract,

that

the

promise

is

of

such

importance

that

the

promisee


would

not

have

entered

into

the

contract

unless

he

had

been

assured

of

a


strict

or

substantial

performance

of

the

promise

and

this

ought

to

have


been

apparent

to

the

promisor"

-

Jordan

CJ

*

Buy the full version of these notes or essay plans and more in our Contract Notes.