Commentary

128.4 ‘Render a contractual performance substantially different from that which was reasonably expected’

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

128.4 ‘Render a contractual performance substantially different from that which was reasonably expected’

| Commentary

128.4 ‘Render a contractual performance substantially different from that which was reasonably expected’

In a leading case it was held that:

  1. 128.4.1

        contractual provisions that allow the provision of a service to end may not amount to contractual performance substantially different from that which was reasonably expected; and

  2. 128.4.2

        what is to be reasonably expected by way of contractual performance is determined at the point the contract is made1.

However, if a party reasonably expects a service to continue until there are substantial reasons to terminate it, and the service is terminated without reason, then there may be

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