Resisting Termination: Some Comparative Observations

Termination for Breach of contract releases the parties from their contractual obligations to perform.[1] It is a powerful and definitive device that discharges all unperformed primary obligations under the contract yet to accrue and ends the contractual relationship, often instantaneously.[2] Significant commercial and financial consequences for the parties may ensue. These can be acute for the defaulting promisor. Not only is he deprived of the benefit of the contract; in many cases, he must also compensate the injured promisee in damages for losses caused by breach, possibly including the loss of the bargain.