There may be events on the ground that allow companies to rethink the terms of the contract and take advantage of those situations when the opportunity knocks on the door and end contractual relationships. If the contract is considered terminated if the other party does not constitute an offence, it can be assumed that the „innocent” party has unlawfully terminated the contract and is itself a breach of the treaty. The „innocent” party could then be held responsible for significant damages. With the law as it is, performance delays – even outside the control of the parties – can lead to rights to terminate bad contracts and business relationships that have become entangled. Under English law, there is no general obligation for parties negotiating a contract to disclose information to each other. In certain circumstances, for example, the silence of one party will be reduced to a false presentation if it delivers only half of the truth that leads to the deception of the other party. If this is the case, the contract may be revoked due to a misrepresentation as above. It is more difficult to prove liability for pure secrecy, as the applicant must demonstrate that the other party has a positive obligation to provide the relevant information. This obligation may arise from the specific nature of the contract (for example. B insurance contracts) or the relationship between the parties.
B, for example agents and beneficiaries. A contract is essentially terminated as soon as the obligations set out in the contract are fulfilled. Parties should retain documentation that they have fulfilled their contractual obligations. The documentation is useful if the other party attempts to challenge the performance of your contractual obligations at a later date. In the event of a dispute, a court requires proof of the contract`s performance. It is not always easy to decide whether the duration of the contract is a condition, a guarantee or an interim delay. In some cases, status may dictate or influence classification. For example, certain provisions of the Property Sale Act 1979 determine whether certain conditions should be considered as conditions or guarantees.
The courts also take into account explicit contractual terms: if the parties explicitly state a clause as a condition or guarantee, the courts will generally treat it as such. However, there are exceptions, for example. B if the statutes provide for something else or if, in the circumstances, the court finds that the parties cannot intend to violate that clause in order to result in automatic termination. In these cases, the courts should normally interpret the term as an intermediary and ascertain, on the basis of the circumstances, whether the offence is serious enough to warrant termination.4 As such, labels alone cannot guarantee that a clause is construed as a condition or guarantee.