364. Loss of right to terminate: affirmation.

364. Loss of right to terminate: affirmation.

Contract (Volume 22 (2019)) | Commentary

The prima facie right of the innocent party (B) to terminate for breach by A1 will be lost if B affirms the contract knowing of A's breach2 and of his right to terminate3. Affirmation must be unequivocal4 and total5, but it may be