If you wish to terminate the contract, the first step should be to verify the termination clause of the contract. In addition to possible reasons why one of the parties may terminate their contract, it may contain instructions on how to inform the other party that you wish to terminate the contract. The provisions of the treaty may entitle a party to the termination if the violation in question does not constitute a violation of the common law. However, in this situation, it may not be possible to recover the “loss of good business.” If the offence is not equally repugnant under the common law, the damage is generally limited to damages until the date of termination, unless the contract expressly provides for something else. The difference can be considerable. After the termination of a contract, the contracting parties will no longer have future obligations. However, one or both parties may be held responsible for breaching the terms of contract prior to termination. The terms of the contract can also determine what happens after the termination of the contract. The treaty can describe how and when a notification should be made.
For example, a contract with a termination clause could indicate that the contract may be terminated in writing by both parties within seven days of signing the contract. False statements and errors may result in the status of the agreement reached by the parties and the agreement reached between them at the time of the formation of the contract. A violation of an intermediate clause or an unconditional clause, i.e. neither a condition nor a guarantee, justifies termination only if the infringement is sufficiently serious. It must “go to the root of the contract,” “frustrate the commercial purpose” of the contract or “not deprive the late party of all the advantage”3 of the contract. In any event, the court will consider the nature and consequences of the offence to determine whether a dismissal is warranted. However, termination solely on the basis of a common law right may constitute a violation of the party itself if the common law offence is not considered contradictory. Occasionally, minor offences occur and do not substantially alter the agreement.
Parties may amend the contract or even include clauses to take into account minor or minor offences.