Monthly Archives: March 2014

Repudiation of a contract: the role of reasonable perception

Repudiation is contractual conduct which is similar to and to a degree extends over the traditional contractual conduct which amounts to breach of contract.

 Repudiation has been expressed to be a party’s demonstration, by words or conduct, and without lawful excuse, of an unequivocal intention no longer to be bound by the contract or by any obligation forming part of it, which if accepted by the innocent party, entitles the innocent party to cancel the agreement.

 In the early half of the century, following a line of cases, it was held in SCHLINKMANN v VAN DER WALT 1947 2 SA 900 (E) when defining the conduct of repudiation the Court held that repudiation “in the main is a question of intention of the party alleged to have repudiated” and quoting the English case of Freeth v Burr held that the “true question is whether the acts or conduct of the party evince an intention no longer to be bound by the contract”... Read More

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