Q&As
What circumstances amount to either a fundamental breach or breach of a fundamental condition of a contract, entitling a party to repudiate a contract? In what circumstances may a party argue that a contract has been frustrated?
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Published on: 01 April 2019
Repudiatory breach
The general rule is that a party to a contract must perform precisely what they agreed to do. Failure to do so constitutes a breach of contract. For further information, see Practice Note: Termination for breach of contract.
A ‘repudiatory breach’ is a breach of contract that goes to the very core of the contract and gives the innocent party the right to treat the contract as being disregarded and entitling the innocent party to refuse to be bound by its terms. For further information, see Practice Note: Repudiation of contract.
It is difficult to demonstrate circumstances which may amount to a repudiatory breach of contract, as what this will vary with each contract on the basis of the varying obligations.
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Jurisdiction(s):
United Kingdom
Key definition:
Repudiatory breach definition
What does Repudiatory breach mean?
A repudiatory breach is a breach of contract that goes to the very core of the contract and gives the innocent party the right to treat the contract as being disregarded and entitling the innocent party to refuse to be bound by its terms.
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