Journal of Business Law, Vol. 3, pp. 226-245, 2008
15 Pages Posted: 4 Dec 2010
Date Written: December 2010
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.
Keywords: contract, termination, party in breach
JEL Classification: K10, K12, K30
Suggested Citation: 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: https://ssrn.com/abstract=1718811