Summary and implications
Under English law different types of contractual breach attract
different remedies. This article focuses on repudiatory breach and
presents a case study that illustrates the different approaches
that may be practically taken in the event of a suspected
breach.
All breaches of contract entitle the aggrieved party to claim
damages for any loss it suffers to put the party back in the
position it would have been in had the breach not occurred. A
repudiatory breach arises from a breach of a condition of the
contract, an intermediate term or a refusal by a party to perform
all, or substantially all, of its obligations under the contract
(see Table 1 below). A repudiatory breach therefore allows the
aggrieved party an additional remedy entitling them to terminate
the contract and bring to an end any future obligation to perform
under the contract, in addition to claiming damages. Alternatively,
the aggrieved party may affirm the contract and
