Termination of Contract in UK Law

Leading Cases
  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 Abr 1956

    So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.

  • Woodar Investment Development Ltd v Wimpey Construction U.K. Ltd
    • House of Lords
    • 14 Feb 1980

    Repudiation is a drastic conclusion which should only be held to arise in clear cases of a refusal, in a matter going to the root of the contract, to perform contractual obligations.

  • Heyman v Darwins Ltd
    • House of Lords
    • 20 Feb 1942

    If one party so acts or so expresses himself, as to show that he does not mean to accept and discharge the obligations of a contract any further, the other party has an option as to the attitude he may take up. But repudiation by one party standing alone does not terminate the contract: it takes two to end it, by repudiation, on the one side, and acceptance of the repudiation, on the other.

  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abr 1973

    The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it, and if they do intend it the more necessary it is that they shall make that intention abundantly clear.

  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Dic 1961

    The test whether an event has this effect or not has been stated in a number of metaphors all of which I think amount to. the same thing; Does the occurrence of the event deprive the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract that he should obtain as the consideration for performing those undertakings?

  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 Dic 1980

    I. Frustration of a contract takes place when there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so significantly changes the nature (not merely the expense or onerousness) of the outstanding contractual rights and /or obligations from what the parties could reasonably have contemplated at the time of its execution that it would be unjust to hold them to the literal sense of its stipulations in the new circumstances; in such case the law declares both parties to be discharged from further performance.

  • Hyundai Heavy Industries Company v Papadopoulos
    • House of Lords
    • 01 Abr 1980

    Much of the plausibility of the argument on behalf of the guarantors seemed to me to be derived from the assumption that the contract price was simply a purchase price.

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Legislation
  • Redundancy Payments Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ...... for payments to be made out of the Redundancy Fund; to amend the Contracts of Employment Act 1963; to extend the jurisdiction of tribunals ...employee, is the date on which the termination takes. effect; and. .   . ( c . ) where he is employed under a contract ......
  • Employment Protection (Consolidation) Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ......any entitlement to accrued holiday pay on. the termination of employment, to be precisely. calculated),. . . (ii) incapacity for ...give and entitled to receive to determine his contract. of employment, and. .   . ( f . ) the title of the job which the ......
  • Agricultural Holdings Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......of the land (whether agricultural land or not) comprised in. a contract of tenancy which is a contract for an agricultural. tenancy, not being a ...above, if the tenant had quitted the holding on the termination. of his tenancy at the date on which the transfer takes effect. . (3) ......
  • Employment Relations Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......was given or, if there was no notice, the effective date of. termination, and. . . (b) in any other case, the date on which the relevant hearing ... . . (b) is not a party to a worker's contract, within the meaning of. section 230(3) of that Act, relating to that work, ......
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Books & Journal Articles
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Law Firm Commentaries
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