Contracts aren’t forever. Business priorities shift, relationships sour, and sometimes you just need out. But before you press "terminate", make sure you understand the legal framework and avoid turning a clean break into a costly dispute.
Check your termination rights
It is essential to establish the legal basis for terminating any contract. Termination must be supported by a valid right, which typically falls into one of two categories: rights expressly set out in the contract or under common law principles.
Start with the contract. Identify on what grounds you will be terminating the contract.
Contractual termination rights
Contracts usually specify a number of grounds for termination. Typical contractual grounds for termination include: