Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd [2013] EWCA Civ 577 – Law Journals

Contract: Take the money and don’t run

David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …

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Contract: Show me the molar

Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach ‘Commercial parties may wish to seek an express right to terminate where there is a delay in performance of particular obligations. Where there is no express right, parties should always consider carefully before seeking to terminate on grounds of delay.’In a recent decision, …

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Contract: The root of the problem

David Sawtell reviews the law of repudiation When determining whether a breach of an innominate term has “gone to the root” of a contract, the courts have adopted a more easily applied list of factors to be consideredWhere a defaulting party is in repudiatory breach of an agreement, the injured party is not only entitled …

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Case Round Up

Paul Tonkin and Eleanor Marsh summarise recent case law Tenant liable under repair covenant for cost of repair of roof lights under dilapidations claim Twinmar Holdings Ltd v Klarius UK Ltd [2013] Klarius was Twinmar’s tenant of a warehouse and office space built in 1993. Klarius covenanted to keep the whole of the premises ‘in …

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Late Completion: Tempting premature termination

Christopher Cant assesses the dangers of terminating prematurely with the consequent threats of repudiatory breach ‘ Telford [2013] illustrates the need to carefully analyse the contract and its history before seeking to terminate on the grounds of delay in carrying out works.’ Terminating a contract for the sale of land has always been a dangerous …

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