Bank Notes

T - Termination

6/3/19

GREEN DEAL MARKETING SOUTHERN LTD v ECONOMY ENERGY TRADING LTD [2019] EWHC 507 (Ch)

Heads of terms were held to be a valid contract. The claimant’s breaches of the contract had not been repudiatory. The claimant had lawfully terminated the contract and had been entitled to damages for the defendants own repudiator breach by renouncing the contract. But the contract was an agency contract within the Commercial Agents (Council Directive) Regs 1993 (SI 1993/3053), compensation was payable under the regulations and damages would not be awarded because that would result in double recovery.

3/9/13

LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD [2013] EWHC 2688 (TCC)

A construction contract could not be read as if the contractor was not the company named in it, nor would it be rectified to have that effect. The fact that a tender and letter of intent had named a different associated company and that company had started the work, was not enough to establish a mistake. The named contractor had been existence (all be it dormant) at the time of the contract and had understood the intention to be that there was to be a change making it the named contractor. But following termination of the contract the contractor remained liable to procure a guarantee, bond and warranties as those provisions survived termination, and the contractor was liable for breach of them.

8/5/13

TSG BUILDING SERVICES PLC v SOUTH ANGLIA HOUSING LTD [2013] EWHC 1151 (TCC)

On its proper construction a contract which gave each party the right to terminate at any time and for any reason did not require the party which terminated to act reasonably in doing so, nor was there an implied term of good faith requiring it to do so. No compensation was therefore payable on termination.

21/3/13

GRIFFON SHIPPING LLC v FIRODI SHIPPING LTD [2013] EWHC 593 (Comm)

By failing to pay a deposit for a ship, a buyer was in repudiatory breach of contract. The seller was entitled to the balance of the unpaid deposit and was not limited to claiming its actual loss of profit after terminating the contract for the buyer’s breach.

19/12/12

SOCIETE GENERALE v GEYS [2012] UKSC 63, [2013] 1 AC 523

Repudiatory breach of a contract of employment only brings the contract to an end when the innocent party elects to accept the repudiation by notice terminating the contract in clear and unambiguous terms.

2/5/12

ENE KOS I LTD v PETROLEO BRASILEIRO SA [2012] UKSC 17

Once a right to terminate a contract has been engaged, a party's motive for exercising the right to terminate is irrelevant [7], [77].