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#contract #law #terms
In White and Carter (Councils) Ltd v McGregor [1962] AC 413, the defendants contracted with White and Carter for the latter to provide advertising services in relation to their (the defendants') garage business. Shortly after entering into the contract, the defendants notified White and Carter that they no longer required these services. There was no cooling-off period in this contract; the defendants were signalling a clear breach of condition. As such, it presented White and Carter with a simple choice: either to accept the defendants' repudiation, treat the contract as at an end, and sue for damages, or to affirm the contract, treating it as still in place. White and Carter decided to affirm the contract, to provide the advertising services notwithstanding the defendants' repudiation, and to bill the defendants (as per the contract) for the services so provided. The majority of the House of Lords held that White and Carter were within their rights to do this.
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