Is a repudiation of a contract valid?
Ontario, Canada
The following excerpt is from American National Red Cross v. Geddes Brothers, 1920 CanLII 11 (ON CA):
A.J. Thomson, for the appellants, argued that the plaintiffs’ letter to the appellants of the 14th August, 1918, was a repudiation of the contract, which repudiation continued until after the expiration of time for delivery under the terms of the contract. This put an end to the contract without any action by the appellants: Ripley v. M’Clure (1849), 4 Ex. 345. It was not necessary for the appellants to notify the plaintiffs that they did or did not assent to the repudiation. Action by the appellants on the repudiation was necessary only up to the time when the contract should have been carried out.
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