Termination by a Party in Breach

Journal of Business Law, Vol. 3, pp. 226-245, 2008

Sydney Law School Research Paper No. 10/136

15 Pages Posted: 4 Dec 2010  

Wayne Courtney

The University of Sydney Law School

Date Written: December 2010

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.

Keywords: contract, termination, party in breach

JEL Classification: K10, K12, K30

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

Wayne Courtney (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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