How have courts interpreted language in the context of a wrongful repudiation claim?
British Columbia, Canada
The following excerpt is from Terrien Bros. Construction Ltd. et al. v. Delaurier et al., 2006 BCSC 1645 (CanLII):
As Bowen L.J. in Johnstone v. Milling (1886), 16 Q.B.D. 460 at 474, put it: The claim being for wrongful repudiation of the contract it was necessary that the plaintiff's language should amount to a declaration of intention not to carry out the contract, or that it should be such that the defendant was justified in inferring from it such intention. We must construe the language used by the light of the contract and the circumstances of the case in order to see whether there was in this case any such renunciation of the contract…
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