标题: Does wrongful termniation constitute repudiation? [打印本页] 作者: Raul 时间: 2012-3-5 20:43 标题: Does wrongful termniation constitute repudiation?
This is a question based on a hypothetic case whereby one party to a sales contract wrongfully terminated the contract by failing to grant the other party a grace period, which was expressly provided in the contract, to remedy. It simply gave the written notice of termination, as required by the contract, to the other party directly. The other party, upon receipt of notice, insisted on performance, but was rejected.
The question is: assuming Hong Kong law or English law applies, is this wrongful termination per se(that is, without considering whether the grounds alleged by the terminating party hold or not) constitute a repudiatory breach? thus allowing the innocent party to elect to accept it or affirm the contract?
Would be grateful to have Mr Yang's early reply.
Many thanks.
