Repudiation does not automatically terminate a contract; the innocent party must elect to accept it, confirming the elective theory of termination.
Contract — Commercial
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.
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.
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