The termination of a contract may exempt you from other treaty obligations, but may make them vulnerable to wrongdoing. If you are a party to a contract and want to terminate it, an experienced contract lawyer can guide you through the process and inform you of any liability. Moreover, the difference between English and UAE law lies in the extent of the freedom granted to the parties to negotiate the situation in good faith. Member States` law provides that parities comply in good faith with the contractual terms set out in Article 246. After all, it`s about knowing what good faith is. Good faith is described as an obligation to act honestly and cooperatively. In Monde Petroleum, the contract was terminated just prior to the conclusion of the contract. Whether it was good faith was controversial. Under English law, it will allow the party to pursue the breach of contract, but there is another response under the UAE act. Commercial contracts often contain explicit termination clauses that, in certain circumstances, provide for termination, including in cases of an infringement other than a breach of refusal. Certain contractual termination clauses operate by expressly characterizing them as conditions or guarantees, in order to clarify the circumstances in which the contract may be terminated and those that justify only a right to compensation. Some provisions of the treaty seek to grant termination rights for « essential » or « substantial » offences, « minor » offences or repeated offences.
Contractual termination rights are in addition to the termination rights of the common law, unless they are expressly (or implicitly) excluded17 by providing that the contract can only be terminated by the exercise of contractual rights. The termination clauses require careful drafting and consideration should be given to the way the courts approach these provisions. However, the choice to terminate a contract on the basis of a contractual termination right may conflict with a common law right to the future loss of negotiations as a result of a breach of refusal (see below). Any exercise of contractual termination rights must be the subject of serious consideration. The main means of assistance in the event of a breach of contract is damage. 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. It is not always easy to decide whether the duration of the contract is a condition, a guarantee or an interim delay. In some cases, status may dictate or influence classification. For example, certain provisions of the Property Sale Act 1979 determine whether certain conditions should be considered as conditions or guarantees.
The courts also take into account explicit contractual terms: if the parties explicitly state a clause as a condition or guarantee, the courts will generally treat it as such.