The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
The termination of a contract by reason of one party’s breach of contract arises as follows:
one party to the contract is in breach of contract
the relevant breach is an anticipatory breach or a repudiatory breach, and
the innocent party accepts the breach
This Practice Note outlines each of these prerequisites of termination for breach of contract. It also considers the relationship between repudiatory breach and contractual provisions which give an express right to terminate for 'material breach'.
For general guidance on how to terminate contracts, see Practice Note: How to terminate an agreement.
The general rule is that a party to a contract must perform precisely what they agreed to do.
If a party fails to do this, they will be in breach of contract.
In order to determine whether a party is in breach of contract, the following two stage approach is taken:
first, ascertain the scope of the party’s obligations under the contract:
a party’s obligations under a contract are derived from the terms of the contract, as agreed by the parties, but
where there is doubt about the meaning of the contract, a court must ascertain that meaning by using recognised principles of interpretation
next, determine whether the party’s actual performance measures up to their obligations
Note that when determining generally whether or not there has been
**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
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.