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First, where a party to a contract exercises an express right of termination, he or she is sometimes said to have exercised a right to rescind the contract. Secondly, where a party is faced with a repudiation, the party can elect to terminate the contract; this too has often been referred to as an election to rescind. "Rescission" at common law.
A termination for convenience clause, or "T for C" clause, [1] enables a party to a contract to bring the contract to an end without the need to establish that the other party is in default, for example because the client party's needs have changed, or in order to arrange for another party to complete the contract.
A contract may state a period of notice which either/any party is required to give to the other contractual parties. The contract between Winter Garden Theatre (London) Ltd. and Millennium Productions Ltd., which gave rise to a 1948 legal case, stated that Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated.
The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing .
A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract.
A condition subsequent is a philosophical and legal term referring to a defined event which terminates a proposition or a contractual obligation. [1] [2] In contrast to a condition precedent, a condition subsequent brings the event (or obligation) to an end, rather than being necessary for to the event or obligation to occur.
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