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The end of the affair

By: Series: Building ; 266(8184) 11 May 2001, 48(1)Publication details: 2001Subject(s): Summary: Discusses the difficulties involved in proving contractors are in breach of contract and being able to legally terminate contracts. Looks at the case of "Bedfordshire CC v Fitzpatrick" where the council itself committed a repudiatory breach of the contract by failing to give Fitzpatrick sufficient time to respond. Also considers the case of "Rice v Great Yarmouth BC"(CA [2003] TCLR 1] here the council lost despite a clause which specified the council could terminate 'if the contractor...commits a breach of any of its obligations under the contract'.

Discusses the difficulties involved in proving contractors are in breach of contract and being able to legally terminate contracts. Looks at the case of "Bedfordshire CC v Fitzpatrick" where the council itself committed a repudiatory breach of the contract by failing to give Fitzpatrick sufficient time to respond. Also considers the case of "Rice v Great Yarmouth BC"(CA [2003] TCLR 1] here the council lost despite a clause which specified the council could terminate 'if the contractor...commits a breach of any of its obligations under the contract'.