Repudiation Flashcards
What is repudiation
Kumar: Repudiation is an “actual or anticipatory breach of contract by one party that manifests as a clear intention that it will not perform (or complete performance of) its side of the bargain”
What counts as repudiation
Kumar - facts based assessment: look at circumstances, conduct, intention. High bar - absolute refusal to perform contract
Repudiation can be by words or conduct
Synge v Synge: vendor agreed to sell land; sold to third party before settlement. Repudiation here - selling house to someone else is clear indication you do not want to perform your contractual obligations
Repudiation can be inferred from conduct
Kumar: inference must be reasonably drawn: has the party made it clear in circumstances that the relevant party no longer intends to perform
A genuine dispute about the proper construction of the contract is normally NOT repudiation
Starlight: L contracted to deliver 400 bags to s for $3. L increased price to $4.10. S cancelled the contract due to L’s supposed repudiation. L honestly believed they were allowed to raise the price, and admitted they were wrong. No repudiation
