In order to terminate a contract for violation of the opposition, the innocent party must inform the defensian party. Many trade agreements contain clauses that define a procedure in which termination must be carried out and in what form. Therefore, in the case of a written contract, it is necessary to ensure that the terms of the contract are verified and that compliance is guaranteed, regardless of whether the other party may have, on its face, committed a clear and negative offence. It is only when the defensian party is informed that a breach of refusal has been “accepted” that the contract is terminated. If the defaulting party is not informed that the refusal has been accepted, the contract will remain in effect. An innocent party is not obliged to exercise its right to terminate and to accept a violation of the refusal. If they do not, the treaty will remain in force.  With respect to the EUC agreements, the substantial breach is defined as “a violation of one of its obligations under this agreement by one of the contracting parties, which has or is likely to have significant negative effects on the project and that this contracting party does not need to heal.” Instead of relying on the courts to define the concept of “substantial” breach, contract shippers can define offences that would be considered “essential” under that particular contract – this is often the case where a contractual provision is of particular importance or is affected by a client. Sometimes the contract processors prefer not to define the term “substantial offence” but to take advantage of the flexibility of interpretation applied by the courts in the event of a dispute. Behaviour involving a violation of the performance of the contractual obligations due cannot be sufficient to be a refusal. But it`s important that you document all the ways you`ve tried to make up for your mistakes.
You should also contact a contract lawyer to ensure that there has been a real offence and that you are protected if your case is tried. What is a “substantial” violation of a party to a commercial contract? It is a critical subject that is regularly examined by the courts – and one that clients and lawyers practice in the same way in the course of their work. The sales team at Herrington Carmichael LLP Solicitors is very experienced in the development and interpretation of contractual clauses. Finally, since corrective measures in the event of a substantial breach of contract are generally not related to financial damages, it may be difficult to obtain the right solution that will best assist the aggrieved party to recover from the breach.