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ARTICLE · 20 MAY 2023

Protecting your business: Practical steps to navigate contract repudiation

Holding Redlich
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Contract repudiation occurs when one party renounces their obligations under a contract, expressly or impliedly.

AustraliaCorporate/Commercial Law
Trent Taylor
Trent Taylor
Jeanne Vallade
Jeanne Vallade
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Parties enter into contracts with the best of intentions to fulfil the contract. However, there are instances when a party becomes incapable or unwilling to perform their contractual obligations. Such conduct may amount to 'repudiation' and potentially lead to a contract dispute. Repudiation may attract significant consequences for the parties to a contract and requires careful consideration.

What is repudiation?

Repudiation of a contract occurs when one party renounces their obligations under a contract. This can be done either expressly or impliedly (by conduct):

  • express repudiation may occur when a party explicitly states that they do not intend to fulfil their obligations under the contract. This can be done in writing or verbally

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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