Q&As

What, if any, is the difference in terms of recovery of damages for a contractual right to terminate for breach and damages for repudiatory breach?

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Published on LexisPSL on 14/03/2017

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

  • What, if any, is the difference in terms of recovery of damages for a contractual right to terminate for breach and damages for repudiatory breach?
  • Contractual right to termination for breach
  • Repudiatory breach

We have assumed for the purposes of this Q&A that there is a clause in a contract which allows party A to terminate and the situation where party B is in repudiatory breach such that party A can elect to treat the agreement as repudiated and so treat it as at an end and claims damages.

See Practice Notes: Contractual damages—general principles and Causation and remoteness in contractual breach claims.

Contractual right to termination for breach

Where a contract contains an express right to terminate the agreement for breach, it should set out the circumstances needing to exist to give rise t

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