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