Termination rights and refunding sums paid

GDYNIA v GEARBULK (CA) [2009]

The right to terminate a contract for breach is often one of the most valuable protections for any contracting party. It is therefore extremely important to be clear about the rights of termination - whether you are seeking to terminate or being faced with the threat of termination. Equally as key is understanding the consequences of termination.

This case is potentially of very great significance to companies who state their liability upon termination is limited simply to a refund of fees paid. The limit to a refund is very common particularly in the IT industry but this case must throw some doubt about whether that position needs to be reconsidered.

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