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repudiation [2011/11/08 14:17]
steve [2007]
repudiation [2017/07/30 18:03] (current)
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 The test is whether the conduct of one party is such as to convey to a reasonable person, in the situation of the other party, renunciation either of the contract as a whole or of a fundamental obligation under it. The test is whether the conduct of one party is such as to convey to a reasonable person, in the situation of the other party, renunciation either of the contract as a whole or of a fundamental obligation under it.
-====== Cases ====== +===== Cases ===== 
-===== 2008 =====+==== 2008 ====
   * Exhibition Marketing Pty Limited ACN 010 519 329 v Richmond Valley Council (([2008] NSWSC 1253))   * Exhibition Marketing Pty Limited ACN 010 519 329 v Richmond Valley Council (([2008] NSWSC 1253))
-===== 2007 =====+==== 2007 ====
   * Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (([2007] 233 CLR 115))   * Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (([2007] 233 CLR 115))
     * The term repudiation is used in different senses.  ​     * The term repudiation is used in different senses.  ​
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     * It will be necessary to return to the matter of classifying such breaches. ​     * It will be necessary to return to the matter of classifying such breaches. ​
     * Campbell J said this was the sense in which he would use the word "​repudiation"​ in his reasons. ​     * Campbell J said this was the sense in which he would use the word "​repudiation"​ in his reasons. ​
-    * There may be cases where a failure to perform, even if not a breach of an essential term (as to which more will be said), manifests unwillingness or inability to perform in such circumstances that the other party is entitled to conclude that the contract will not be performed substantially according to its requirements.  ​+    * There may be cases where a failure to perform, ​ 
 +    * even if not a breach of an essential term (as to which more will be said), ​ 
 +    * manifests unwillingness or inability to perform ​ 
 +    * in such circumstances that the other party is entitled to conclude that the contract will not be performed substantially according to its requirements.  ​
     * This overlapping between renunciation and failure of performance may appear conceptually untidy, but unwillingness or inability to perform a contract often is manifested most clearly by the conduct of a party when the time for performance arrives. ​     * This overlapping between renunciation and failure of performance may appear conceptually untidy, but unwillingness or inability to perform a contract often is manifested most clearly by the conduct of a party when the time for performance arrives. ​
     * In contractual renunciation,​ actions may speak louder than words. ​     * In contractual renunciation,​ actions may speak louder than words. ​
-===== 1980 =====+==== 1980 ====
   * The Millstream Pty Limited v Shultz (([1980] 1 NSWLR 547)), McLelland J    * The Millstream Pty Limited v Shultz (([1980] 1 NSWLR 547)), McLelland J 
-===== 1953 =====+==== 1953 ====
   * Carr v J A Berriman (((1953) 89 CLR 327))  ​   * Carr v J A Berriman (((1953) 89 CLR 327))  ​
  

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