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Repudiation Breach of Contract

BCLP

UK HR Two Minute Monthly - February 2022

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Our February update covers key employment law developments from January 2022. It also includes recent cases on gross misconduct/lodging multiple and vexatious grievances, if a “franchisee” delivery driver with rights of...more

Farrell Fritz, P.C.

Commercial Division Says Plaintiffs Can’t Have Their Cake and Eat it Too When it Comes to Breach and Anticipatory Breach

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When a party to a contract repudiates, the non-repudiating party is faced with two options: (1) treat the repudiation as an anticipatory breach, terminate the contract and seek damages; or (2) continue to treat the contract...more

Littler

Ontario, Canada Court Reminds Employers it is Important to Adhere to Their Contracts’ Termination Provisions

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In Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, Ontario’s Superior Court of Justice ordered an employer to pay an employee damages for reasonable notice at common law when it decided the employer repudiated its...more

Littler

Ontario, Canada Court Finds Employee Repudiated Her Employment Contract When She Refused to Work Unless New Conditions Were Met

Littler on

In Anderson v Total Instant Lawns Ltd, 2021 ONSC 2933 (Total Instant Lawns), an employee claimed her job was terminated and sought damages for wrongful dismissal.  The employer denied the employee was dismissed and argued...more

Bradley Arant Boult Cummings LLP

Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach

In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured...more

Fox Rothschild LLP

Texas Appellate Court Confirms Significance Of Seeking ‘Material Breach’ Finding In Breach Of Contract Case

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Contractual breaches are serious and require an appropriate response. Sometimes the parties to a contract can work though a performance hiccup, however, there are many instances in which a party simply walks away from its...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Bennett Jones LLP

Not All Breaches of Contract Are Created Equal

Bennett Jones LLP on

A breach of contract that deprives the innocent party of "substantially the whole benefit of the contract" gives the innocent party the option to terminate the contract and discharge the parties from future obligations, the...more

A&O Shearman

Termination For Repudiatory Breach: Do Contractual Notification Provisions Apply?

A&O Shearman on

A party who terminated a contract for common law repudiatory breach was not obliged to follow contractual termination provisions (including as to a cure period and notice). In Vinergy International (PVT) Ltd v Richmond...more

Snell & Wilmer

Guarantors’ “Lost Profits” Completely Offset Lender’s Deficiency Claim

Snell & Wilmer on

Believe it or not, lenders can breach loan agreements too…and when they do, there can be significant consequences. In Great Western Bank v. LJC Dev., LLC, 726 Ariz. Adv. Rep. 21 (Ariz. Ct. App. Nov. 10, 2015), the Court of...more

Dechert LLP

LLP Agreements and Repudiatory Breach

Dechert LLP on

This OnPoint reports on a recent important High Court decision ?limiting the remedies available for breach of a UK LLP agreement. Generally, in contract law, if a party to a contract commits a breach which is...more

Latham & Watkins LLP

Reconsidering Repudiations of Contracts: Recent Developments

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A repudiation of a contract is a breach of contract by one party that is sufficiently serious to entitle the other party to treat the contract as terminated with immediate effect and to sue for damages. An innocent party,...more

Pillsbury Winthrop Shaw Pittman LLP

Repudiatory Breach of Contract in English Law: a Matter of Timing or the Eye of the Beholder?

Under English law, an innocent party faced with a serious breach of contract by its counterparty is in a difficult position. Whilst a reasonable time is allowed to decide whether to accept the breach, or terminate the...more

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