Affirmation


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert
Practice notes

Affirmation


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert

Practice notes
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Affirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:

  1. •

    a repudiatory breach of contract (including anticipatory breach (renunciation)), or

  2. •

    a misrepresentation which entitles the innocent party to rescind the contract

It is important to understand what affirmation is and what it requires in order to be aware of the risks should a counterparty be in repudiatory breach. Failure to understand could lead to your client not successfully affirming a contract it wishes to continue or inadvertently losing its rights to terminate by accepting a repudiatory breach.

This Practice Note focuses on affirmation in the event of repudiatory breach. For information on affirmation in the context of misrepresentation, see Affirmation where other remedies are available below.

Affirmation and repudiatory breach

A repudiatory breach is a breach of contract that goes to the very core of the contract entitling the innocent party to treat the contract as being disregarded and to refuse to be bound by its terms.

Where there is a repudiatory breach of contract, the innocent party has the

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Jurisdiction(s):
United Kingdom
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Key definition:
Affirmation definition
What does Affirmation mean?

A non-religious alternative to the oath sworn by someone about to give evidence in court or swearing a statement.

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