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отказ от исполнения договора (Refusal to perform/renunciation Where a party declares an unequivocal intention to abandon further performance of the contract, or an intention not to perform some essential aspect of the contract, the innocent party is entitled to treat himself as discharged from further performance. Not every declaration of non-performance is a repudiatory breach. Sometimes a party will refuse to perform some, rather than all, of its contractual obligations or indicates that he will only perform them in a particular manner. In determining whether the breach is repudiatory the court will consider whether the non-performance amounts to a breach of condition or deprives the innocent party of substantially the whole benefit of the contract (see below). A declaration of non-performance can be either an express refusal to perform or it can be inferred from the party's conduct if he behaves in a manner which would lead a reasonable person to conclude that he has no intention of fulfilling his obligations.10 If a party threatens non-performance prior to the time fixed for performance, this is known as anticipatory breach. Moonranger) |
