Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Contract definition

What does Contract mean? In legal practice, a contract is the enforceable agreement by which parties set out promises and allocate risk, whether made orally, in writing or by conduct. The law of contract is principally case-law driven across England & Wales, Scotland, Northern Ireland and Ireland, with statutory interventions on formalities, construction and consumer protection. In England & Wales, Northern Ireland and Ireland, formation generally requires offer, acceptance, consideration and an intention to create legal relations. In Scotland, consideration is not required; a contract is formed by agreement (consensus in idem) with the necessary intention, with writing only needed in defined cases. Key features...

Repudiation of contract: conditions, innominate terms, anticipatory breach, acceptance or affirmation, repudiatory creep, termination risks, waiver and damages

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Practice notes

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Repudiation

This PrACTice Note addresses repudiation and clarifies what constitutes a Repudiatory breach of Contract. It outlines how such a breach strikes at the heart of the agreement and the courses open to the innocent party following the other party’s repudiation, namely choosing to accept the repudiatory breach and treat the contract as terminated, or alternatively to affirm the agreement. The Practice Note also sets out the concept of anticipatory Breach of contract and considers when that, too, may amount to a repudiatory breach. The right to terminate for a repudiatory breach arises at common law and is a technically demanding area, extensively illustrated by case law. A party contemplating termination for another party’s repudiatory breach is advised to proceed with care. Termination on this basis is not a risk‑free approach, and every matter must be assessed on its particular facts. Where a party purports to terminate for the other party’s repudiatory breach but the circumstances ultimately do not in fact constitute a repudiation, the very act of terminating may mean that the party seeking to end the contract is itself in repudiatory breach of the agreement...

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Web page updated on 21/05/2026

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