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Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

27 February 2011 | Mark Weston

De Beers, the diamond supplier, had entered into a joint sales agreement with the Botswana Government, and to better perform its obligations under that agreement, De Beers wanted a software system that...

Tags on this discussion: breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts damage damages High Court infringement IT contract IT services material breach repudiation repudiatory repudiatory breach Software software developer software development software supplier software supply software system supplier test for repudiatory breach unauthorised unlawful

Guidance on test for repudiatory breach – Eminence Property Developments Limited v Heaney, Court of Appeal

8 November 2010 | Mark Weston

The Court of Appeal has given a clear statement of guidance on the test for repudiatory breach, following years of differing legal cases in relation to this issue. Eminence Property Investments Limited...

Tags on this discussion: agreement breach breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contracts Court of Appeal High Court illegal repudiation repudiatory breach rescind rescission test for repudiatory breach unlawful

Court of Appeal sets out guidance for how long to wait when terminating a contract for other party’s repudiatory breach – Force India v Etihad, Court of Appeal

21 October 2010 | Paul Gershlick

Etihad Airways – the Abu Dhabi airline – was a sponsor of the Force India Formula One racing team when the team had been called Stryker. The team had a further investor which owned the Kingfisher beer...

Tags on this discussion: affirm affirmation breach commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Court of Appeal damages delay fundamental breach High Court misleading repudiation repudiatory breach sponsorship termination waiver

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

17 August 2010 | Paul Gershlick

Gold had entered into an agreement with BDW (formerly Barratt Homes) to build some properties on Gold’s land. BDW would pay minimum fee per property and the parties would share revenue. The contract...

Tags on this discussion: agreement breach breach of contract commercial agreement Commercial contract contract contract law contracts duty force majeure fundamental fundamental breach good faith High Court obligation repudiation repudiatory breach terminate termination

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

25 June 2010 | Mark Weston

Dominion owned the leasehold to a shopping centre and they had an agreement with Debenhams under which Dominion would pay the retailer certain sums of money. Dominion was late in paying the second instalment....

Tags on this discussion: breach breach of contract contract contract law contracts damages High Court remedies repudiation repudiatory breach time time of the essence

Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

18 March 2010 | Paul Gershlick

S and D entered into an agreement. Clause 3.1.8 said that if the closing date had not occurred within nine months, then S could terminate the contract by 30 days’ notice, but S would not get back its...

Tags on this discussion: breach of contract contract contract law contracts repudiation repudiatory breach termination

Latest news and views tagged repudiation

Whatever you do, get your IT contracts right – De Beers UK Limited v Atos Origin IT Services UK Limited, High Court

Guidance on test for repudiatory breach – Eminence Property Developments Limited v Heaney, Court of Appeal

Court of Appeal sets out guidance for how long to wait when terminating a contract for other party’s repudiatory breach – Force India v Etihad, Court of Appeal

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

Court fails to make time of the essence because contract provided alternative remedies for lateness – Dominion v Debenhams, High Court

Getting termination notice wrong meant innocent party could not claim for its US$15m losses – Shell v Dana Gas, High Court

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