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United Kingdom repudiatory breachwaiver and estoppel

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent

[2018] EWHC 333 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court (Commercial Court)
Year2018
StatusBinding authority

Summary

A right to terminate for repudiatory breach is lost by affirmation where the innocent party, knowing of the breach and termination right, unequivocally elects to continue the contract.

Key Principle

The court confirmed that a party's right to terminate for repudiatory breach may be lost by affirmation if the innocent party, with knowledge of the breach and the right to terminate, unequivocally communicates an intention to continue with the contract.

Area of Law

contract

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Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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