Termination by a Party in Breach
University of Sydney - Faculty of Law
Journal of Business Law, Vol. 3, pp. 226-245, 2008
Sydney Law School Research Paper No. 10/136
In advising on commercial disputes it is not uncommon to find that each of the parties to a contract is, or at least may be, in breach of it. In such cases, a question often arises: does one party’s breach prevent it from terminating for the other’s breach or repudiation? While some aspects of this problem are relatively settled, others are not. This article examines the position adopted by the laws in Australia and England (which are substantially the same) and also raises some policy considerations.
Number of Pages in PDF File: 15
Keywords: contract, termination, party in breach
JEL Classification: K10, K12, K30
Date posted: December 4, 2010
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