If a party to a contract either:
- commits a serious breach that goes to the very root, or heart, of the contract; or
- indicates that he does not intend to perform or abide by it,
he is said to have "repudiated" the contract.
Generally, once the innocent party becomes aware of what the other has done, he must elect either:
- to communicate his acceptance of the repudiation, in which case both parties will then usually be discharged from the remaining obligations under the contract, and the innocent party will be entitled to claim damages for any loss caused by the other's breach; or ...
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