Abstract

http://ssrn.com/abstract=1718811
 


 



Termination by a Party in Breach


Wayne Courtney


University of Sydney - Faculty of Law

December 2010

Journal of Business Law, Vol. 3, pp. 226-245, 2008
Sydney Law School Research Paper No. 10/136

Abstract:     
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

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Date posted: December 4, 2010  

Suggested Citation

Courtney, Wayne, Termination by a Party in Breach (December 2010). Journal of Business Law, Vol. 3, pp. 226-245, 2008; Sydney Law School Research Paper No. 10/136. Available at SSRN: http://ssrn.com/abstract=1718811

Contact Information

Wayne Courtney (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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