Repudiatory breaches of contract

Duncan Lewis Litigation Solicitors – Repudiatory breaches of contract

Repudiatory breaches of contract involve a range of circumstances which constitute such a serious breach of the contract that the contract can be legally terminated by the party who has not committed the breach.

A repudiatory breach of contract might involve one of the following circumstances, where a party or parties to a contract:

• Do not perform their obligations under the contract within the time specified
• Perform their obligations under the contract defectively
• Give notice that the obligations will not be performed as designated or within the time limit under the contract.

In cases of repudiatory breaches of contract, it is possible to terminate the contract before the specified time for the performance of any obligations – but it is vital to seek expert legal advice if such circumstances seem likely, or notice that obligations will not be fulfilled has been given.

To terminate a contract can in itself constitute a repudiatory breach of contract and Duncan Lewis litigation solicitors can advise at any stage of a contractual dispute to establish whether one party has the right to terminate the contract.

A legal judgment is required to establish whether a repudiatory breach of contract has or will occur – after which the contract may be terminated or even affirmed (ie if there is agreement between the parties that the contract can continue).

If the contract is terminated, both parties to the contract will be released from their obligations under the contract – and the party who has not committed the repudiatory breach can claim damages.

In cases involving repudiatory breach of contract, it is important that legal advice is sought as soon as possible, as failure to take action could be interpreted as affirming the contract, despite one or both parties being aware of the breach. If the contract is affirmed, it cannot be terminated unless a further repudiatory breach is committed.

Duncan Lewis litigation solicitors can advise on contracts covering most areas of law – and have in house experts available to advise on commercial law, banking and finance, property law, family law, employment law, immigration law, mental health and healthcare law.

For expert legal advice on contract disputes and Repudiatory Breach of Contract, call Duncan Lewis Litigation Solicitors on 0333 772 0409.