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This activity has assisted other people in the following competencies: Technical legal practice, Ethics, professionalism and judgement

Full description

Terminating a contract can be a risky business often met by a counterclaim. This webinar reviews the pitfalls of wrongful termination and examines liquidated damages and other available remedies for breach.

    • Material breach – the contractual right to terminate: Grand China applied
  • Repudiatory breach – the Common Law test revisited in Ampurius


    • Whether to accept the breach or enforce the contract?
    • Which parts of the contract are discharged?
  • Wrongful termination – when can it be used: EE v Phones 4U


  • Affirmation traps for the unwary
  • Anticipatory breach – express reservation of rights - Tele2 v Post Office
  • Calculating the expectation loss if there is a notice for convenience
  • Liquidated damages or penalty clause after Parking Eye – latest cases
  • LDs as well as damages: GPP Solar
  • Ready willing and able – specific performance of endeavours obligations
  • Check list before termination


Helen Swaffield

is a barrister with 20 years' experience in commercial litigation. Within her practice at Contract Law Chambers, London, Helen works with government bodies and leading firms of solicitors on a range of commercial and in-house projects and advice. Helen is the Editor of the Commercial Litigation Journal and the Procurement and Outsourcing Journal, both published by Legalease, and a regular legal commentator and broadcaster.

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