Termination of Contract in UK Law

Leading Cases
  • Davis Contractors Ltd v Fareham Urban District Council
    • House of Lords
    • 19 Abril 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 Febrero 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 Febrero 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 Abril 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 Diciembre 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 Diciembre 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 Abril 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
    ......dismissal where his employer, being entitled to terminate his. contract of employment without notice by reason of the. employee's conduct, ...employee, is the date on which the termination takes. effect; and. .   . ( c . ) where he is employed under a contract ......
  • Renting Homes (Amendment) (Wales) Act 2021
    • Wales
    • 1 de Enero de 2021
    ...... S-1 . Landlord’s notice under periodic standard contract: minimum notice period 1 Landlord’s notice under periodic standard .... (2) In section 180 (termination of contract on landlord’s notice), in subsection (3), for the words from ......
  • 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, ......
  • Renting Homes (Wales) Act 2016
    • Wales
    • 1 de Enero de 2016
    ...... dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes. . [18 ... contract differ in relation to their variation, transfer and termination. . (2) Each kind of occupation contract (and each kind of standard ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter NMWM09030
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... . Where a worker’s contract terminates, any payments made by the employer to the worker in the r month immediately following the date of termination, shall be treated for the purposes of calculating national minimum wage ......
  • Chapter EIM14000
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......However, the employment contract provides for a notice period of 2 weeks on termination of the employment. ......
  • Chapter EIM13898
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......, the post-employment notice pay element of all ‘relevant termination awards’ is chargeable to income tax as general earnings. Post-employment ...‘Limited-term contract’ and ‘limiting event’. The terms ‘limited-term contract’ and ......
  • Chapter NIM13201
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . With effect from 6 April 2020, the NICs (Termination Awards and Sporting Testimonials) Act 2019 (The Act) places an ... unadvised, as they are more able to structure their employment contract (or, indeed, their termination payment) to achieve the better tax ......
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