Express Termination Clauses in Contracts

What is it about?

This article first sets express termination clauses in their legal context. It then briefly explains three significant points concerning their operation which have now been clarified by judicial decisions. It then explores four important questions about such clauses which remain unresolved.

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Why is it important?

Express termination clauses are a common if not universal feature of modern commercial contracts. Yet they are seldom considered in the teaching of the law of contract, attract sparse coverage in the texts, and their operation and effects - and particularly their interaction with rights to terminate at common law - are often not properly understood.