Contract terminations 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 – interpreting non-responsive renunciation
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 termination, 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 terminating the contract too early, before there is sufficient misconduct to justify rescission.
- Not so innocent – how far does the innocent party still have a free choice to affirm
The innocent party has a choice whether to accept the repudiation and claim damages, and this part of the presentaon considers the limitations imposed on the innocent party’s ability to keep the contract alive.
- Wasn’t that clear enough? – when a cancellation takes effect as an acceptance of a repudiatory breach and vice versa.
This part of the presentation 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 obligaons, rather than simply recognizing a breakdown of contractual relations, 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 complexies of modern contract types, such as hotel management and computer network outsourcing.
05.30PM Lecture by Mr Roderick Cordara QC and Mr Christopher Smith QC
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