09.06.2020
Professor Qiao Liu’s article entitled “Unintended Acceptance of Repudiatory Breach and Loss of Bargain Damages” has been accepted for publication in the Journal of Contract Law and is scheduled to appear in the December issue this year. The article critically examines the English High Court’s controversial decision in Phones 4U Ltd (in administration) v EE Ltd and advances the thesis that an exercise of a contractual right of termination without reference to a repudiatory breach is, as a matter of legal principle, capable of constituting an “acceptance” of that breach. In doing so, Professor Liu responds to Justice Andrew Baker’s disagreement with a critique made by Professor Liu of a previous High Court decision in Shell Egypt West Manzala GmbH v Dana Gas Egypt Ltd (formerly Centurion Petroleum Corp).
