Categories:Real Estate,UK

Court of Appeal clarifies time for determining whether breach of contract repudiatory

The fact that the Court of Appeal in Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd [2013] EWCA Civ 577 disagreed with the first instance judge on whether a landlord’s breaches of a lease agreement were repudiatory illustrates the difficulty faced by an innocent party in deciding whether and when its counterparty’s breach becomes sufficiently serious as to entitle it to terminate the contract and claim damages.

The Court of Appeal’s judgment provides useful guidance on a number of issues arising in relation to repudiatory breaches including: how to determine whether a breach of an innominate term in a contract is sufficiently serious as to amount to repudiatory breach; when the determination as to the nature and seriousness of the breach should be made; and when a repudiatory breach can be cured…

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