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Actions speak louder than words—remedying material breaches (Bains v Arunvill Capital Ltd)

Actions speak louder than words—remedying material breaches (Bains v Arunvill Capital Ltd)
Published on: 24 April 2020
Published by: LexisPSL
  • Actions speak louder than words—remedying material breaches (Bains v Arunvill Capital Ltd)
  • What are the practical implications of this case?
  • What was the background?
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Article summary

Commercial analysis: The Court of Appeal in Bains considered the proper approach to remedying material breaches of contract where contractual termination clauses are engaged and relied upon. Breach notices will require a cautious interpretation and parties would be well advised to clarify exactly what performance the contractual counter-party considers essential to remedy a breach. Bains confirms that actual performance will be necessary and merely stating an intention to perform will not go far enough. Questions of the extent of catch-up or restored performance required are left open after the decision. Written by James Saunders, barrister, at New Square Chambers. or take a trial to read the full analysis.

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