Termination After Breach
Law Quarterly Review 2018, 134 (Apr), 307-325
24 Pages Posted: 25 Nov 2019
Date Written: April 2018
This paper considers the law on termination 'for' breach of contract. It makes two arguments. First, it claims (with Diplock LJ's support) that a contractor's power to cancel a contract after certain kinds of breach is justified by reasons unconnected with the fact there was a breach: we should talk of termination after, not for, breach. Second, it claims (contra Lord Diplock) that the responsibility to pay compensatory damages following termination of the contract is not “just as much" a contractual obligation as the primary obligation out of which it arises.
Keywords: contract; termination; damage; legal theory
Suggested Citation: Suggested Citation