Repudiation: Difference between revisions
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(Created page with "Category:Contract Law, Leases, & Sub-Letting (Commercial Tenancy) ==Bazar v. Chisholm, 2020 ONSC 593 (CanLII)<ref name="Bazar"/>== [111] Thus, as <i>Highway Properties<...") |
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==Bazar v. Chisholm, 2020 ONSC 593 (CanLII)<ref name="Bazar"/>== | ==Bazar v. Chisholm, 2020 ONSC 593 (CanLII)<ref name="Bazar"/>== | ||
[111] Thus, as <i>Highway Properties</i><ref name="Highway Properties"/> makes clear, | [111] Thus, as <i>Highway Properties</i><ref name="Highway Properties"/> makes clear, termination and repudiation are distinct legal concepts. <b><u>Repudiation occurs when one party indicates, by words or conduct, that they no longer intend to honour their obligations when they fall due in the future. It confers on the innocent party a right of election to, among other things, treat the lease as at an end, thereby relieving the parties of further performance, though not relieving the repudiating party from its liabilities for breach.</b></u> | ||
Latest revision as of 18:24, 28 July 2020
Bazar v. Chisholm, 2020 ONSC 593 (CanLII)[1]
[111] Thus, as Highway Properties[2] makes clear, termination and repudiation are distinct legal concepts. Repudiation occurs when one party indicates, by words or conduct, that they no longer intend to honour their obligations when they fall due in the future. It confers on the innocent party a right of election to, among other things, treat the lease as at an end, thereby relieving the parties of further performance, though not relieving the repudiating party from its liabilities for breach.
References
- ↑ 1.0 1.1 Bazar v. Chisholm, 2020 ONSC 593 (CanLII), <http://canlii.ca/t/j4zzt>, retrieved on 2020-07-28
- ↑ 2.0 2.1 Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd., 1971 CanLII 123 (SCC), [1971] SCR 562, <http://canlii.ca/t/1xd47>, retrieved on 2020-07-28
