Discharge by Breach
Breach of contract may give the non-breaching party a right to terminate a contract.
When can a non-breaching party terminate for breach?
The non-breaching party may terminate a contract for breach if;
(a) a provision of the contract permits discharge for breach in the circumstances (eg, it might provide that in the event of failure to supply goods on a specific date the other party may terminate the contract)
(b) the other party repudiates the contract - that is, renounces their obligations under it (eg, they say that will not perform the contract); or
(c) the breach is sufficiently serious (minor or technical breaches will generally not allow the non-breaching party to terminate)
Detailed discussion forthcoming