Calling it a day
Button, R
Calling it a day - 2001 - CSM (7&8) July/August 2001, 32(1) .
Discusses the legal problems that can arise at the termination of a contract. Often termination can only happen under a certain provision in the contract but it is not always the case. Though, even with a clause, it is not always easy to decide if the contractor has failed in his duties or just doing his best in difficult circumstances and should be allowed an extension of time. Article examines a case, "Rice v Great Yarmouth BC"(CA [2003] TCLR 1], where the clause had allowed a party the right to terminate in the event of any breach of contract by the other. The court decided that the breaches were not serious enough to warrant termination; this implies that clauses need to be drafted in very specific terms. Concludes that the financial consequences for a party who has wongfully terminated a contract can be severe.
Contracts
TERMINATION CLAUSES
TERMINATION OF CONTRACT
RICE V GREAT YARMOUTH BC
BREACH OF CONTRACT
Calling it a day - 2001 - CSM (7&8) July/August 2001, 32(1) .
Discusses the legal problems that can arise at the termination of a contract. Often termination can only happen under a certain provision in the contract but it is not always the case. Though, even with a clause, it is not always easy to decide if the contractor has failed in his duties or just doing his best in difficult circumstances and should be allowed an extension of time. Article examines a case, "Rice v Great Yarmouth BC"(CA [2003] TCLR 1], where the clause had allowed a party the right to terminate in the event of any breach of contract by the other. The court decided that the breaches were not serious enough to warrant termination; this implies that clauses need to be drafted in very specific terms. Concludes that the financial consequences for a party who has wongfully terminated a contract can be severe.
Contracts
TERMINATION CLAUSES
TERMINATION OF CONTRACT
RICE V GREAT YARMOUTH BC
BREACH OF CONTRACT