In this video Paul Darling QC, discusses the characteristics of contractual termination and common law repudiation, and the differences between them.
Topics include:
• How the courts generally approach termination clauses
• Do contractual termination and common law termination co-exist?
• How to decide if a breach is repudiatory
• The position if a party chooses not to accept a repudiatory breach
• Termination for convenience clauses
• Problems with enforcing termination for convenience clauses