Repudiation: Difference between revisions
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To repudiate a [[contract]] is to indicate an inability or unwillingness to perform it in such a way as to deprive the aggrieved party of substantially the whole benefit of the bargain represented by the contract. | To repudiate a [[contract]] is to indicate an inability or unwillingness to perform it in such a way as to deprive the aggrieved party of substantially the whole benefit of the bargain represented by the contract. | ||
A “repudiatory” [[breach of contract]] is a one which is sufficiently serious to indicate a party has repudiated the contract, thereby entitling the innocent party to [[terminate]] the {{tag|contract}}. | A “repudiatory” [[breach of contract]] is a one which is sufficiently serious to indicate a party has repudiated the {{tag|contract}}, thereby entitling the innocent party to [[terminate]] the {{tag|contract}}. | ||
In this case the innocent party has two options: It can | In this case the innocent party has two options: It can | ||
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===Surely, you can’t be serious=== | ===Surely, you can’t be serious=== | ||
''I '''am''' serious. And don’t call me Shirley.'' <br> | ''I '''am''' serious. And don’t call me Shirley.'' <br> | ||
The $64,000 question: What counts as “sufficiently serious”? | |||
Revision as of 09:29, 3 October 2016
To repudiate a contract is to indicate an inability or unwillingness to perform it in such a way as to deprive the aggrieved party of substantially the whole benefit of the bargain represented by the contract.
A “repudiatory” breach of contract is a one which is sufficiently serious to indicate a party has repudiated the contract, thereby entitling the innocent party to terminate the contract.
In this case the innocent party has two options: It can
- accept the repudiation and treat the contract as at an end; or
- affirm the contract and insist on performance by the repudiating party.
Surely, you can’t be serious
I am serious. And don’t call me Shirley.
The $64,000 question: What counts as “sufficiently serious”?