New Guarantee Trust Fin. Ltd. v Birbeck [1977] JLR 71 (18 August 1977)
Repudiation is not barred by acceptance of interest due on a debt when the fundamental breach is unconnected with interest payments.
- Citation
- [1977] JLR 71
- Parties
- Applicant: New Guarantee Trust Fin. Ltd.; Respondent: Birbeck
- Jurisdiction
- Jersey
- Judgment Date
- 18 August 1977
- Procedural Posture
- Civil / Judgment
- Outcome
- repudiation not barred
- Legal Topics
- Repudiation, Acquiescence, Fundamental Breach
Case Brief
Summary, issues, holding and outcome
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Parties
New Guarantee Trust Fin. Ltd.
Applicant
Birbeck
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether acceptance of interest due on a debt constitutes acquiescence in a fundamental breach unconnected with interest payments
- 2 Whether repudiation is barred by such acceptance
Ratio Decidendi
Repudiation is not barred by acceptance of interest due on a debt when the fundamental breach is unconnected with interest payments.
Court Disposition
repudiation not barred
Full Case Text
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