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  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…
If you are registered and logged in to the site, click on the link below to read the rest of the Ince & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Ince & Co
News from The Lawyer
Briefings from Ince & Co
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.