Repudiation CASES
In English law, repudiation occurs when one party explicitly refuses or demonstrates by actions that they no longer intend to fulfil their contractual obligations.
Definition and Principles
Repudiation involves rejecting or abandoning contractual duties before or during performance, permitting the other party to terminate the contract immediately and seek remedies such as damages.
Types of Repudiation
- Express Repudiation: Clearly stated refusal to perform contractual duties.
- Implied Repudiation: Conduct indicating unwillingness or inability to fulfil obligations.
Legal Consequences
- Allows the innocent party to terminate the contract.
- Enables claims for damages resulting from breach.
Practical Importance
Recognising repudiation helps parties manage contracts effectively, ensuring prompt responses and protection against losses due to breaches.
Home » Repudiation
An author was contracted to write a book for a series. The publisher then cancelled the series, preventing completion. The court held the author was entitled to reasonable payment for the work he had already completed, establishing a key principle of quantum meruit. Facts The plaintiff, Mr Planche, was engaged by the defendants, publishers Colburn & Co., to write a volume on ‘Costume and Ancient Armour’ for a series called ‘The Juvenile Library’. The agreed fee upon completion was £100. The plaintiff commenced the work, conducting research and preparing a portion of the manuscript. Before he could complete and deliver
A ship was chartered with a clause stating it was 'expected ready to load' by a certain date. The shipowners could not reasonably have met this date. The court held this clause was a condition, allowing the charterers to terminate the contract. Facts The shipowners (claimants) chartered their vessel, the ‘Mihalis Angelos’, to the charterers (defendants) for a voyage from Haiphong in North Vietnam to a European port. The charterparty, dated 25th May 1965, contained a clause stating the vessel was ‘expected ready to load under this Charter about 1st July 1965′. The charter also included a cancelling clause, allowing
A courier was hired for a trip starting on 1 June. Before this date, the employer cancelled the contract. The courier sued immediately. The court held he was entitled to do so, establishing the doctrine of anticipatory breach. Facts In April 1852, the claimant, Hochster, a courier, entered into a contract with the defendant, De La Tour, to accompany him on a three-month tour of Europe. The employment was to commence on 1 June 1852. However, on 11 May 1852, the defendant wrote to the claimant stating that he had changed his mind and would no longer require the claimant’s
