- The relationship between contractual termination and repudiatory breach (Digital Capital Ltd v Genesis Mining Iceland)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Commercial analysis: This judgment considers the inter-relationship between contractual rights of termination and repudiatory breach, and the circumstances in which a contractual code can affect common law rights to terminate. In finding that the contract entered into between the parties did not exclude the common law right to terminate for repudiatory breach of contract, the court considered the alleged breaches relied upon by the defendant in turn to determine whether a right to terminate had arisen. The court’s conclusion was that the claimant had not been in repudiatory breach when the notice of termination was issued by the defendant, and accordingly the claimant’s claim for unpaid invoices succeeded, with further determination of damages arising from termination to be assessed in a later hearing. Written by Ryan Turner, barrister at Lamb Chambers.
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