Repudiation

Question 1

What actually is ‘Repudiation?’

Answer 1

A party ‘repudiates’ if they are unwilling or incapable of performing their obligations in a contract

Question 2

What are some key quotes of judges reinforcing Repudiation?

Answer 2

‘renounces his liabilities under it’ (Hochster CJ Campbell)

Question 3

What are 2 options a party can elect for if the aggrieved party experiences repudiation?

Answer 3

1. Accept the repudiation –> terminate the contract –> Sue for damages
2. Affirm the contract –> not sue for damages –> SUE for breach instead

Question 4

What are Instalment Contracts and the legal question behind these contracts?

Answer 4

A type of contract where there are multiple obligations –> So if one of many instalments are breached, is there repudiation?

Question 5

What are the 2 relevant factors to consider when determining repudiation for instalment contracts?

Answer 5

1. Quantitative ratio the breach bears to the whole contract
2. Degree of possibility of breaking the contract

Question 6

What is Erroneous Interpretation?

Answer 6

• Acting under the wrong impression
• Only relevant to repudiation