Q&As

Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract and are there any time limits on reactivating the contract?

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Produced in partnership with Leigh Callaway of Fladgate
Published on LexisPSL on 16/01/2018

The following Commercial Q&A Produced in partnership with Leigh Callaway of Fladgate provides comprehensive and up to date legal information covering:

  • Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract and are there any time limits on reactivating the contract?

It is not unusual for a contract to include a term that it will automatically terminate in certain circumstances, whether upon the expiration of a certain period of time or upon the occurrence of a specific event. With regards the former, unless we are dealing with circumstances of employment or consumer protection (which it is assumed we are not)—in which case different principles will apply—then there is nothing prima facie wrong with such a term.

Where a contract specifies that it is to continue for a specific period of time and that time period expires, the contract, on its own terms, comes to an end. Subject to any post-termination obligations it will no longer bind the parties. It therefore follows that any subsequent agreement between the p

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