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Repudiation: Difference between revisions
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{{image|Givingthefinger|jpg|This is what I think of your stupid contract}} | |||
}}To [[repudiate]] a [[contract]] is to [[fundamental breach|fundamentally breach]] it: to indicate one’s 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 [[fundamental breach|fundamentally breach]] it: to indicate one’s 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|repudiatory]]” or “[[Fundamental breach|fundamental]]” [[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}}. | A “[[Repudiatory breach|repudiatory]]” or “[[Fundamental breach|fundamental]]” [[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}}. | ||
There is repudiation “proper” — which is words or conduct which makes it clear to the other party that you, wantonly, intend not to perform your obligations even though if you wanted to you could — the metaphorical middle finger — and then there are non-performances of obligations under the contract that are so significant to its fundamental purpose that they amount to the same thing. These do not require the same degree of wantonness. If I owe you money and cannot pay it, then I have repudiated the contract even though I honestly and fervently wish I could perform it. | |||
In this case the innocent party has two options: It can | In this case the innocent party has two options: It can | ||