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Part III The right To Terminate, 7 Repudiation and Anticipatory Breach

From: Termination for Breach of Contract (2nd Edition)

John E Stannard, David Capper

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

Breach of contract

This chapter studies repudiation and anticipatory breach. The essence of repudiation is the absence of readiness and willingness by the defaulting party to perform their obligations under the contract. Though the word ‘repudiation’ suggests an unwillingness or refusal to perform, it can also include the situation in which the defaulting party, though perfectly willing to perform when the time comes, is incapable of doing so. The chapter then looks at modes of repudiation. The two key questions in deciding whether repudiation has taken place are: (1) the ratio quantitatively which the breach bears to the contract as a whole, and (2) the degree of probability or improbability that such a breach will be repeated. The chapter also considers the law regarding the issue of notices making time of the essence.

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