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.

  • 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?

  • 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.

  • Vitol S.A. v Norelf Ltd (Santa Clara)
    • House of Lords
    • 20 Junio 1996

    (2) An act of acceptance of a repudiation requires no particular form: a communication does not have to be couched in the language of acceptance. It is sufficient that the communication or conduct clearly and unequivocally conveys to the repudiating party that that aggrieved party is treating the contract as at an end.

  • 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.

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Legislation
  • 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 ... ...
  • Employment Protection (Consolidation) Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ... ... (1) An employee who has a right both under this Act and under a contract of employment, or otherwise, to return to work, may not exercise the two ... 46–48 modified by S.I. 1989/901, art. 3, Sch ... Part IV: Termination of Employment ... 49: ... ...
  • Redundancy Payments Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ... ... contract of employment without notice by reason of the ... employee's conduct, ... employee, is the date on which the termination takes ... effect; and ... ) where he is employed under a contract for a ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... an invitation or has been invited to take part in a concession contract award procedure; ... “the Commission” means the European Commission; ... the Utilities Contracts Regulations 2016 59 which led to early termination of that prior contract, damages or other comparable sanctions; ... (g) ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... estate or interest or contract or by virtue of ... any enactment giving him or her the right to ... you make this application within three years of the termination of ... the agreement. The court will require the following evidence of ... ...
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