Litigation Notes
Tag: termination
Showing 30 out of 30 results
Court of Appeal finds innocent party could not affirm contract following repudiatory breach where defaulting party unable (not just unwilling) to perform
The Court of Appeal has upheld a decision that a party was not entitled to keep a contract alive for the purpose of claiming ongoing liquidated damages …
Contractual requirement to give notice calling for breach to be remedied did not apply to termination for repudiatory breach
The High Court has found that a notice requirement within a contractual termination clause did not apply where a party terminated at common law following …
High Court finds multi-party LLP agreements cannot be terminated for repudiatory breach
In a case that will be of interest to those in the fund management industry and all other areas of business in which corporate structures regularly …
Good faith principles applied to question of whether innocent party could keep contract alive following repudiatory breach
The High Court has held that a party was not entitled to keep a contract alive indefinitely for the purpose of claiming ongoing liquidated damages for …
Court of Appeal finds deliberate non-payment did not justify termination
In a recent decision, the Court of Appeal held that the deliberate withholding of payments due under a contract, in circumstances where the counterparty …
Court of Appeal confirms high threshold for delay in performance to be repudiatory
The Court of Appeal recently held that a developer's delay in carrying out works did not amount to a repudiatory breach of an agreement for lease: …