In simple terms, and as set out by the Court of Appeal in Valilas v Januzaj (2014)4, such a renunciation can be thought of as an “anticipatory repudiatory breach” in that the party has stated it will not be carrying out its obligations when they fall due, and so the other party may “accept” this breach and bring the ...

Is a wrongful termination of contract a repudiatory breach?

First, the purported termination will be wrongful and constitute a repudiatory breach in its own right, entitling the other party to terminate and claim damages, if the breach relied upon is not repudiatory. Second, if the innocent party affirms the contract then it will lose its right to terminate.

What constitutes a repudiatory breach?

A repudiatory breach of contract is a breach which is so serious that it effectively renders the contract useless and therefore gives the innocent party the option to terminate. An obvious example of this would be an employer preventing a contractor from entering the site.