Geoff Brewer of Brewer Consulting examines repudiatory breaches
Series: Contract Journal ; 411(6539) 9 January 2002, 23(1)Publication details: 2002Subject(s): Summary: Examines the case "Shyam Jewellers Ltd v Cheeseman", a shopfitting design and installation, where the issue involved the discussion of the circumstances which give rise to an entitlement to treat a contract as repudiated. Cheeseman, the contractor had undertaken the work for Shyam but after a breakdown in communication over changes to the design and consequent cost, Cheesman felt that Shyam had repudiated the contract. Cheeseman had won against Shyam but on appeal it was found that he had repudiated the contract (although under provocation) by writing that he considered the contract at an end. The appeal was allowed and the judgement reversed. This outcome implies that in a typical construction contract a breakdown in the relationship of confidence between the parties will not of itself justify an assertion of repudiation.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS65059 (Browse shelf(Opens below)) | 1 | Available | 116573-1001 |
Examines the case "Shyam Jewellers Ltd v Cheeseman", a shopfitting design and installation, where the issue involved the discussion of the circumstances which give rise to an entitlement to treat a contract as repudiated. Cheeseman, the contractor had undertaken the work for Shyam but after a breakdown in communication over changes to the design and consequent cost, Cheesman felt that Shyam had repudiated the contract. Cheeseman had won against Shyam but on appeal it was found that he had repudiated the contract (although under provocation) by writing that he considered the contract at an end. The appeal was allowed and the judgement reversed. This outcome implies that in a typical construction contract a breakdown in the relationship of confidence between the parties will not of itself justify an assertion of repudiation.