What options are available to a party who repudiates a contract?
British Columbia, Canada
The following excerpt is from Anabtawi v. Claudia Alan Inc., 2021 BCCRT 1139 (CanLII):
20. The non-breaching party may choose to accept the repudiation to end the contract and sue for damages immediately. Alternatively, the non-breaching party may affirm the contract and keep it “alive” for both parties, and risk committing a breach of its own. However, if the party repudiates the contract again, or if the repudiation is continuing, the non-breaching party may subsequently elect to accept the repudiation or affirm the contract. See Dosanjh v. Liang, 2015 BCCA 18, at paragraphs 33 to 37 and 42 to 43.
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