Podcast Location:
Download it here [file size: 26 MB]
Categories:
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give the listener an overview of the common law remedy of repudiatory breach and the recent case law which has further shaped this area. Mark Lubbock discusses termination of a contract in response to a breach and the other options available to a non-breaching party. Communication of termination, delay in termination and loss of the right to terminate are discussed. This podcast examines the most significant cases in this area, with a focus on the recent decision in Formula One v Etihad Airways and its impact on the area of repudiatory breach.

Outcomes:
After completing the course you will:
  • Understand the common law remedy of repudiatory breach and when it will apply;
  • Recognise a repudiatory breach;
  • Know how to respond to a repudiatory breach;
  • Be aware of the options available to a non-breaching party in the event of a repudiatory breach;
  • Understand what factors will result in the loss of the right to terminate;
  • Appreciate the effect of delay on the right to terminate;
  • Have an understanding of the key cases and their impact on this area of law.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Decro-Wall International SA v Practitioners in Marketing Ltd [1971] 2 All ER 216;
  • Force India Formula One Team Limited v Etihad Airways PJSC [2010] EWC Civ 1051;
  • Freeth v Burr, (1874) LR 9 CP 208;
  • Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26;
  • Ross T. Smyth & Co Ltd v T.D. Bailey Son & Co [1940] 3 All ER 60;
  • Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235 HL;
  • Standard Bank -v- Agrinvest International Inc [2010] EWCA Civ 1400;
  • Stocznia Gdanska SA v Latvian Shipping Co [2002] EWCA Civ 889;
  • Tele2 International Card Co SA v Post Office Ltd [2009] EWCA Civ 9.
Tags:

In this podcast, Mark Lubbock, a partner at law firm Ashurst, gives the listener an overview of the law regarding repudiatory breach.

Podcast last reviewed: 2011-08-25

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