An innocent party's right to affirm a repudiated contract is subject to a legitimate interest qualification; White & Carter principles apply to limit affirmation in shipping container detention context.
Contract — Commercial
A contractual discretion exercised by one party is subject to an implied term that it will not be exercised irrationally or in bad faith, applying Wednesbury-type rationality principles.
On acceptance of anticipatory repudiation in commodity sales, damages are assessed at the date of acceptance, subject to the innocent party's duty to mitigate.
A duty of good faith may be implied into relational contracts as a matter of law or as a term implied in fact.
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