This article looks at the ways in which the various kinds of agreements encountered in the wine trade (principally agency, distribution, and joint venture agreements between producers and importers) can be brought to an end by one party giving notice of termination to the other.
Termination on grounds of serious breach
If a party to a contract commits a breach that is so serious that it amounts to a renunciation, or repudiation, of the contract, the other party may elect to treat the contract as having come to an end (see repudiation).
Fixed term contracts
A contract for a fixed period cannot be terminated by either party giving notice to the other before the end of that period, unless the contract so provides. In the absence of such provision – or of a serious breach as above – neither party can get out of the contract before the contract period expires.
Indefinite term contracts
If the contract specifies the period of notice that must be given by a party who wishes to terminate, then in the absence of a repudiation by the other party, that period of notice must be given.
Mandatory notice periods for commercial agency contracts
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