Neil Andrews, ‘Breach of Contract: A Plea for Clarity and Discipline’

The author identifies an ‘anti-termination’ bias in the judicial classification of terms (and in some legislative intervention). The problems engendered by this bias are, first, a weakening of the innocent party’s protection in the face of breach; weakening of commercial discipline overall in the fulfilment of contractual undertakings; and the inability to advise with confidence on whether breach in particular instances will permit, or has permitted, a party to terminate the contract for breach. As the author concludes, the anti-termination bias is a denial of ‘bright-line’ protection of the innocent party and it promotes an overall slackening of discipline by failing to insist on strict compliance with contractual obligations.

Andrews, Neil H, Breach of Contract: A Plea for Clarity and Discipline (June 1, 2018). (2018) 134 Law Quarterly Review 117-137.

First posted 2018-06-20 06:19:47

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