Express termination for breach clauses in commercial contracts: the legal nature and operational mechanics of such clauses under Australian law

Topic: Express termination for breach clauses in commercial contracts: the legal nature and operational mechanics of such clauses under Australian law

Presenter: Rosemary Gibson, PhD candidate, TC Beirne School of Law

Advisors: Prof Rick Bigwood, Prof Nicholas Gaskell

Venue: Board Room (Room W353), Forgan Smith

Time: 12.30 - 2.00pm Thursday, 10 October 2019

Abstract: Modern commercial contracts almost invariably contain express clauses that confer upon one or both parties a power to terminate for breach by the other party. These clauses set out the events or circumstances that enliven the power to terminate under the clause, usually provide for the mechanism the innocent party must follow in order to exercise the power, and in some cases set out the consequences of the exercise of the power, such as the quantum of damages payable by the party in breach. However, despite the almost universal inclusion of such clauses in modern commercial contracts, the vast majority of academic writing in this area concerns the powers to terminate for breach that arise at common law. The thesis aims to fill this gap in the academic literature by identifying and analysing the legal nature and operational mechanics of express termination for breach clauses found in modern commercial contracts.