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(p. 447) 18. Performance and breach 

(p. 447) 18. Performance and breach
(p. 447) 18. Performance and breach

Elizabeth Macdonald

and Ruth Atkins

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date: 07 December 2019

This chapter covers the two contractual situations of performance and breach. First, it recognises that most contracts are performed and completed, with the consequence that liability ceases and the obligations under the contract are discharged by performance. Some obligations may be classed as conditions precedent, or as conditions subsequent, and the order for performance may be provided for by contingent conditions. The relevance of the entire contracts rule is noted. Second, the chapter explores the injured party’s right to terminate for breach. The right to terminate for repudiatory breach and the right to terminate for anticipatory breach of contract, are both illustrated through the relevant case law which highlight the possible options available to an injured party and the consequences which may follow.

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