David Popeck v Uniserve Limited

A party faced with an alleged repudiation cannot adopt a 'middle way' by refusing to accept the repudiation while itself ceasing performance; if it does not accept the repudiation the contract remains alive and binding on both sides, preserving the counterparty's right to terminate for the party's own subsequent breaches, and a claim for non-acceptance damages under section 50 of the Sale of Goods Act 1979 fails where the counterparty validly terminated for that party's breach.