The following Commercial guidance note provides comprehensive and up to date legal information covering:
Affirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:
a repudiatory breach of contract, or
a misrepresentation which entitles the innocent party to rescind the contract
A repudiatory breach is a breach of contract that goes to the very core of the contract entitling the innocent party to treat the contract as being disregarded and to refuse to be bound by its terms. For more information, see Practice Note: Repudiation.
Where there is a repudiatory breach of contract, the innocent party has the following options:
accept the repudiatory breach, treat the contract as at an end and seek damages, or
affirm the contract and seek damages
waive the breach by the defaulting party altogether, accept the defaulting party’s performance of the contract and lose its right to claim damages
The same options are available to an innocent party in the case of anticipatory repudiatory breach. An anticipatory breach occurs where one of the parties declares to the other, before the time for performance but after conclusion of the contract, their intention not to perform their contractual obligations. Not every declaration that a party will not perform an obligation is a repudiation. To be repudiatory, such a statement needs to go to the root
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.