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Part VII Discharge and Breach, 24 Breach

From: Contract Law in Practice

Neil Andrews

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Breach of contract — Termination/unwinding of contract

This is a fundamental feature of contract doctrine. In English law breach justifies a party in terminating the contract by reason of the other’s default if: there has been a renunciation; or a serious breach of a repudiatory nature; if a term classified as a condition has been breached; if a term not so classified has been breached so that the result of the default is extremely serious. Breach can occur before the date of expected performance. Anticipatory cancellation does not automatically end the contract. Instead the other party, if able to perform without the other’s cooperation, might decide to keep the contract in operation (that topic is also examined, in the context of debt claims, at [27.36] to [27.49]). The process of terminating and the consequences of termination is also carefully explained in the present chapter.

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