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Tags
#contract #discharge #law
Question
There is some judicial dispute as to whether, once the innocent party has affirmed the contract, his affirmation is irrevocable. Treitel prefers the view expressed obiter in [case] that if, after the innocent party's affirmation, the party in default continues to refuse to perform, the innocent party should not be precluded from terminating the contract.
Answer
Stocznia Gdanska SA v Latvian Shipping Co (No 3)

Tags
#contract #discharge #law
Question
There is some judicial dispute as to whether, once the innocent party has affirmed the contract, his affirmation is irrevocable. Treitel prefers the view expressed obiter in [case] that if, after the innocent party's affirmation, the party in default continues to refuse to perform, the innocent party should not be precluded from terminating the contract.
Answer
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Tags
#contract #discharge #law
Question
There is some judicial dispute as to whether, once the innocent party has affirmed the contract, his affirmation is irrevocable. Treitel prefers the view expressed obiter in [case] that if, after the innocent party's affirmation, the party in default continues to refuse to perform, the innocent party should not be precluded from terminating the contract.
Answer
Stocznia Gdanska SA v Latvian Shipping Co (No 3)
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There is some judicial dispute as to whether, once the innocent party has affirmed the contract, his affirmation is irrevocable. Treitel prefers the view expressed obiter in Stocznia Gdanska SA v Latvian Shipping Co (No 3) that if, after the innocent party's affirmation, the party in default continues to refuse to perform, the innocent party should not be precluded from terminating the contract.</

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