Before you charge in. A commercial perspective to avoid or manage litigation - Part 9

Poor performance, failure to meet deadlines, and failure to pay on time may all amount to breaches of contract. However, not all breaches of contract entitle the non-breaching party to treat the contract as terminated. In fact, doing so may, in itself, be a repudiatory breach entitling the other party to terminate and sue for damages. In this the ninth part of our 'before you charge in' series, we provide a guide to repudiatory breaches and relying on such a breach to treat the contract as at an end.