Q&As

Is there a right to partial termination of a contract at common law in the event of repudiatory breach?

read titleRead full title

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert
Published on: 21 March 2017
imgtext

This Q&A considers whether there is a right to partially terminate in the event of Repudiatory breach in a business-to-business commercial contract in respect of which no specific industry or sector regulations apply. It does not cover Frustration, mistake, Rectification or severance of illegal or unfair terms.

A party to any given contract will also have to consider whether a right to partial termination arises under any terms of the relevant contract on a true interpretation. For further information, see Practice Notes: Contract interpretation—the guiding principles and Rules of contract interpretation. See also Contract interpretation—overview and Practice Note: Ending a contract by agreement.

For further information on express and implied terms, see Practice Note: Express and implied terms in contracts. You may also find it helpful to consider the commentary in Q&A: Is it possible to structure

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

Read more

Popular documents

How is the governing law of a contract determined if the contract is silent?

How is the governing law of a contract determined if the contract is silent?The governing, or applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so then the applicable law will

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid