If one party to a contract commits a repudiatory breach of that contract, the other party can choose one of two courses : affirm the contract, and insist on its future performance; or accept the repudiation, in which case the contract is at an end. Affirmation can be express or implied. In BROOKS v BROOKS LEISURE EMPLOYMENT SERVICES LTD ( 2023 ) EAT 137 it is restated that (1) the innocent party must, at some stage, elect between the two courses, (2) if he or she once affirms the contract, the right to accept the repudiation is at an end, (3) he or she is not bound to elect within a reasonable or any other time, (4) mere delay by itself, unaccompanied by any express or implied affirmation of the contract does not constitute affirmation, and (5) if it is prolonged it may be evidence of an implied affirmation.

This entry was posted on Thursday, November 30th, 2023 at 9:54 am and is filed under Decision making and Contracts. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.