This article is relevant for AQA AS LAW 02 and A2 LAW03, OCR A2 Units G155 and G156, and WJEC A2 Units 3 and 4.
A repudiatory breach of contract is a breach that entitles the innocent party to treat the contract as at an end and sue for damages. It should be distinguished from a non-repudiatory breach, which entitles the innocent party merely to sue for damages. The difference between a repudiatory breach and a non-repudiatory breach is very important — it determines whether or not the innocent party is entitled to treat the contract as at an end. Yet the difference is even more important than the above statement suggests. If an innocent party treats the contract as at an end because of a non-repudiatory breach, he himself commits a repudiatory breach, for which the guilty party can sue him for damages. This is so even if the innocent party honestly but mistakenly believed the first breach to be repudiatory. Ignorance is irrelevant — liability is strict.
Your organisation does not have access to this article.
Sign up today to give your students the edge they need to achieve their best grades with subject expertise
Subscribe
