ELECTION TO REPUDIATE A CONTRACT

Abstract

In this article the author examines some of the circumstances from which the right to repudiate a contract arises. Specifically he discusses the rights arising from breach of contract, mistake in the formation of a contract, and misrepresentation. In doing so the author focuses on instances where the right to repudiate or disaffirm a contract is destroyed. Through an examination of several authorities the author concludes that where benefit under a contract has passed to the repudiating party, mere words, or even the words of a writ, will not be enough for an effective repudiation; such words must be backed up by acts of restoration of whatever was received under the original contract.