Recent Developments In Contract Termination

Recent Developments In Contract Termination

19 April 2018
5.00 pm - 7.00 pm

Singapore Academy of Law, Stamford 1 & 2, #08-08, The Adelphi, 1 Coleman Street, S179803 

Contract termina tions are often loaded with legal risk. To terminate a contract at common law, there must have been a breach of an essential term, a sufficiently serious breach of a non-essential term or a repudiation  of the contract by the other party.

The lecture by Mr Roderick Cordara QC and Mr Christopher Smith QC will address the following.

  • The sound of silence – interpre ting non-responsive renunciati on

This segment will deal with the difficult issue of when to advise Clients it is safe/advisable to rescind a contract for repudiatory breach. It focuses on common law termina tion, ie rescission. It will consider the well-known ‘chess-game’ of rescission and counter rescission, where the innocent party can end up as the ‘guilty’ one, if it moves too soon by termina ting the contract too early, before there is sufficient misconduct to jus tify rescission.

  • Not so innocent – how far does the innocent party sti ll have a free choice to affirm

The innocent party has a choice whether to accept the repudiati on and claim damages, and this part of the presenta on considers the limita tions imposed on the innocent party’s ability to keep the contract alive.

  • Wasn’t that clear enough? – when a cancella tion takes effect as an acceptance of a repudiatory breach and vice versa.

This part of the presenta tion considers the diffierent legal consequences which follow if the innocent party exercises a contractual right to cancel and if the innocent party accepts a repudiatory breach.

  • Just do it – recent developments in specific performance

This segment will deal with the issue of the Courts’ ordering specific performance [‘SP’] of obliga ons, rather than simply recognizing a breakdown of contractual rela tions, and awarding damages as the only remedy. This ancient equitable remedy has had a new lease of life in the English Courts in the last few years, as they have got to grips with the complexi es of modern contract types, such as hotel management and computer network outsourcing.


05.00PM   Registration
05.30PM   Lecture by Mr Roderick Cordara QC and Mr Christopher Smith QC
06.30PM   Q&A
07.00PM   End

Please click here for the brochure.