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#contract #law #terms
This sense does not go as far as requiring the election to be exercised reasonably; but it should not be wholly irrational or unreasonable. In one of the subsequent cases on the point, Reichman v Beveridge [2006] EWCA Civ 1659, Lloyd LJ captured the flavour of the case law when he said that the restriction will arise only exceptionally, in circumstances where 'an election to keep the contract alive would be wholly unreasonable [where] damages would be an adequate remedy, or [where the innocent party] would have no legitimate interest in making such an election' (para 17).
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