CPD Points: 1 Public
Singapore Academy of Law
Training Room: Stamford 1 &
The Adelphi #08-08
1 Coleman St, Singapore 179803
Event Date: 19 April 2018 (5.00pm – 7.00pm)
PRICE (inclusive of GST)
Contract terminations are often loaded with legal risk, and therefore it is always important to assess the relationship between the parties before terminating
The lecture by Mr Roderick Cordara QC and Mr Christopher Smith QC will deliver the 'Recent Developments in Contract Termination' addressing the following parts.
- The sound of silence – interpreting non-responsive renunciation
This segment will deal with the difficult issue of when to advise Clients it is safe/advisable to rescind a contract for repudiatory breach. It focusses on common law termination, ie rescission. It will consider the well-known ‘chess-game’ of rescission and counter rescission, where the innocent party can end up as the ‘guilty’ one, if it moves too soon by terminating the contract too early, before there is sufficient misconduct to justify rescission.
- Not so innocent – how far does the innocent party still have a free choice to affirm
When one party to the contract is in repudiatory breach that does not, of itself, bring the contract to an end. The innocent party has a choice whether to affirm the contract or accept the breach and claim damages.
- Wasn’t that clear enough? – when a cancellation takes effect as an acceptance of a repudiatory breach and vice versa.
This part of the presentation considers the different legal consequences which follow if the innocent party exercises a contractual right to cancel and if the innocent party accepts a repudiatory breach.
- Just do it – recent developments in specific performance
This segment will deal with the issue of the Courts’ ordering specific performance [‘SP’] of obligations, rather than simply recognizing a breakdown of contractual relations, and awarding damages as the only remedy. This ancient equitable remedy has had a new lease of life in the English Courts in the last few years, as they have got to grips with the complexities of modern contract types, such as hotel management and computer network outsourcing.
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