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Contract – Offer and acceptance. The parties entered a distribution agreement in respect of the 'Virulite device' for the elimination of cold sores. The agreement was terminated by the defendant by notice. The claimant disputed the defendant's entitlement to terminate the agreement and claimed substantial damages. The defendant justified their termination on the grounds of a contractual variation. The Queen's Bench Division held that, applying established law, there had been a contractual variation and accordingly the defendant was not entitled to terminate the agreement on 31 January 2011. Its purported termination amounted to a repudiatory breach which the claimant had been entitled to accept.
Contract – Offer and acceptance. The parties entered a distribution agreement in respect of the 'Virulite device' for the elimination of cold sores. The agreement was terminated by the defendant by notice. The claimant disputed the defendant's entitlement to terminate the agreement and claimed substantial damages. The defendant justified their termination on the grounds of a contractual variation. The Queen's Bench Division held that, applying established law, there had been a contractual variation and accordingly the defendant was not entitled to terminate the agreement on 31 January 2011. Its purported termination amounted to a repudiatory breach which the claimant had been entitled to accept.
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