Termination After Breach

Law Quarterly Review 2018, 134 (Apr), 307-325

24 Pages Posted: 25 Nov 2019

See all articles by Frederick Wilmot-Smith

Frederick Wilmot-Smith

University of Oxford - Faculty of Law; All Souls College

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

Wilmot-Smith, Frederick, Termination After Breach (April 2018). Law Quarterly Review 2018, 134 (Apr), 307-325, Available at SSRN: https://ssrn.com/abstract=3486233 or http://dx.doi.org/10.2139/ssrn.3486233

Frederick Wilmot-Smith (Contact Author)

University of Oxford - Faculty of Law ( email )

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Oxford, OX1 3UL
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All Souls College ( email )

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United Kingdom

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