First Principles of Business Law

Remedies for breach of contract

4. Termination of performance

4.2. Assessing the importance of the breach

 

 

 

In what circumstances might a plaintiff be entitled to terminate (reject or stop) a defendant's performance? The answer depends firstly on the seriousness of the breach.  Termination of performance is only allowed in cases of serious breach.  Click on the links below to see if termination of performance is an available remedy in each of the following cases.

breach of a condition

breach of a warranty

breach of an innominate term

In the following pages, the right to terminate performance will be further considered in relation to the different ways in which breach may occur, that is, non-performance, partial performance, substantial performance, hidden defects, late performance and anticipatory breach.

 

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