Q&As

How to formulate a defence to a breach of contract claim where the defendant considers the contract to have been repudiated by the claimant before the alleged breach and on this basis seeks damages in respect of breaches of terms implied under the Supply of Goods and Services Act 1982?

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Published on LexisPSL on 23/08/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How to formulate a defence to a breach of contract claim where the defendant considers the contract to have been repudiated by the claimant before the alleged breach and on this basis seeks damages in respect of breaches of terms implied under the Supply of Goods and Services Act 1982?
  • Does A have a complete defence to B's claim or just a partial defence?
  • Drafting defences and counterclaims (including claiming damages for breach)

How to formulate a defence to a breach of contract claim where the defendant considers the contract to have been repudiated by the claimant before the alleged breach and on this basis seeks damages in respect of breaches of terms implied under the Supply of Goods and Services Act 1982?

This is a complex area and much will turn on the facts.

Does A have a complete defence to B's claim or just a partial defence?

A defence to a claim arises if the party bringing the claim repudiated the contract before the alleged breach took place. Generally, a repudiatory breach occurs when one party to a contract declares its intention not to perform its primary obligations under the contract. The obligation must go to the very core of the contract and substantially deprive a party of the absolute benefit that the contract was intended to provide. Anticipatory breach can result in repudiation. An anticipatory breach occurs where a reasonable person would believe that the party does not intend to fulfil its obligations under the contract. An anticipatory breach occurs before a party is bound to perform its obligations under the contract and that party indicates an intention to break it, or acts in such a way as to lead a reasonable person to the conclusion that it does not intend to fulfil its obligation(s). Beyond

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