Termination of Contract in UK Law
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Davis Contractors Ltd v Fareham Urban District Council
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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.
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Woodar Investment Development Ltd v Wimpey Construction U.K. Ltd
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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.
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Heyman v Darwins Ltd
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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.
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Wickman Machine Tool Sales Ltd v L. Schuler A.G.
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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.
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Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
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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?
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Vitol S.A. v Norelf Ltd (Santa Clara)
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(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.
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National Carriers Ltd v Panalpina (Northern) Ltd
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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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Renting Homes (Wales) Act 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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Redundancy Payments Act 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 ... ...
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Employment Protection (Consolidation) Act 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: ... ...
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The Public Contracts Regulations 2015
... ... notice” means the notice referred to in regulation 79(1) ;“contract notice” means the notice referred to in regulation 49 or, where ... entity, or a prior concession contract, which led to early termination of that prior contract, damages or other comparable sanctions;(h) where ... ...
- Restitution following Termination of Contract: a Contractual or Enrichment Remedy?
- Breach of contract and termination
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The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?
If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the ...
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Government choice between contract termination and contract expiration in re-municipalization: a case of historical recurrence?
Since the early 2000s, the terms ‘re-municipalization’ and ‘reverse privatization’ entered the lexicon as several examples emerged of governments taking ownership of assets and services that had pr...
- Liquidated Damages After Termination of Contract?
- Termination of Contract of Employment: Effect of Conditional Resignation
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Good Faith and Contract Termination
Deciding whether to terminate a contract, whether at common law for an alleged repudiatory breach or under a specific term in the agreement, is rarely easy. Get it wrong and you may be in breach yo...
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Contract termination: terminating under the contract vs terminating at common law
Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associ...
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Ask the court to make a non-molestation order or an occupation order
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 ... ...