What is a Repudiatory Breach?
A repudiatory breach is a term which is used to describe a significant breach of contract going to the root of the contract and one which shows that the party guilty of the breach no longer intends to be bound by the terms of the contract.
If, for example, an employer commits an act of repudiatory breach it will usually mean that all of the other terms of the contract fall apart and any post termination restrictions, which seek to prevent the individual from competing or soliciting clients, are no longer enforceable. A repudiatory breach is necessary for a successful claim of constructive dismissal.
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