Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Affirmation definition

What does Affirmation mean? A solemn, non‑religious declaration to tell the truth used in place of an oath when giving oral evidence in court or verifying a written statement (such as an affidavit or deposition). An affirmation has the same legal effect as an oath; giving false evidence on affirmation constitutes perjury. Across England & Wales, Scotland, Northern Ireland and Ireland, oaths legislation and court rules permit any witness, deponent or interpreter who objects to being sworn to affirm instead, without needing to give religious or other reasons. In Great Britain this is provided for by the Oaths Act 1978; equivalent provisions apply in Northern...

Affirmation following repudiatory or anticipatory breach and misrepresentation: principles, limits, waiver and reservation of rights (English contract law)

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Practice notes

affirmation signifies an intention to carry on with a contract. It may arise where there is:

a repudiatory breach of contract (including anticipatory breach (renunciation)), or
a misrepresentation entitling the innocent party to rescind the contract

It is crucial to understand what affirmation entails and what it demands, so you are alert to the risks if a counterparty commits a repudiatory breach. A lack of understanding could result in your client failing to affirm a contract it wishes to continue, or accidentally surrendering its right to terminate by accepting a repudiatory breach.

This Practice Note concentrates on affirmation in the event of repudiatory breach. For affirmation in the setting of misrepresentation, see where other remedies are available below.

and repudiatory breach

A repudiatory breach is a breach of contract that strikes at the very core of the agreement, empowering the innocent party to treat the contract as disregarded and to decline to be bound by its terms...

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Web page updated on 21/05/2026

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