Drafting notices of breach

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Drafting notices of breach
  • The importance of ensuring your breach notice is valid
  • Notice of breach precedents—non-payment breach
  • Notice of breach precedents—other breaches
  • Express right to terminate on breach
  • Force majeure and frustration
  • Time is of the essence
  • Can you make 'time of the essence'?
  • Repudiating an agreement
  • Express right to terminate v the general law on repudiation—which do you rely on?
  • More...

Drafting notices of breach

This Practice Note provides guidance on drafting a notice of breach of contract identifies the key instances for when a breach notice may be appropriate to serve and sets out the context behind the drafting of each of our bespoke notice of breach precedents. For guidance on using our related bespoke termination notice precedents, see Practice Note: Drafting termination notices—contract breach.

We have produced a number of bespoke precedents to be used where there has been a breach of contract and the innocent party wishes to give notice of that breach with a view to then terminating the agreement as a result of the breach (subject to any contractual remedy provisions).

For general guidance on terminating contracts for breach, see Practice Notes:

  1. Termination for breach of contract

  2. How to terminate an agreement

Note: the right to terminate an agreement based on a party’s financial condition (so called ipso facto clauses) may be restricted by provisions contained in Corporate Insolvency and Governance Act 2020 (CIGA 2020). See Practice Note: Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clauses.

In understanding the methodology of the precedents, we have:

  1. based the precedents on breach of a basic written commercial agreement, such as an agreement for the supply of goods or services (and without reference to any CIGA 2020 issues)

  2. distinguished between precedents where:

    1. the breach is

Related documents:

Popular documents