Commentary

158 Exercise of power to determine

BUILDING AND ENGINEERING vol 5
| Commentary

158 Exercise of power to determine

| Commentary

158 Exercise of power to determine

In the absence of express provision, the exercise of a contractual power of determination need not take any particular form1, so long as there is some act which demonstrates an unequivocal intention to determine2. However, rights of determination are strictly construed and thus any specific provisions must be strictly observed3. If the contract requires a notice of determination to be preceded by a warning notice, the warning notice must specify clearly the default to which it relates4. The second notice should then be issued within any

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