Commentary

157 Determination provisions and repudiation at common law

BUILDING AND ENGINEERING vol 5
| Commentary

157 Determination provisions and repudiation at common law

| Commentary

157 Determination provisions and repudiation at common law

A breach of contract which gives rise to a contractual power of determination may also constitute a repudiatory breach of that contract1. The main reason for choosing contractual determination over repudiation is that, whilst repudiation brings the contract to an end, determination merely brings to an end the contractor’s employment under the contract. The employer may therefore continue to enjoy other post-determination rights and remedies under the contract2. In the absence of a clear provision to the contrary, the availability of the express contractual remedy does not exclude

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