Litigation, Arbitration and Investigations

A practical guide to ending contracts early

Frustration, repudiatory breach, misrepresentation, mistake and illegality


English law has long respected the binding force of contracts, and the certainty this brings is one of the reasons it is such a popular choice of governing law.

However, there are exceptional circumstances in which contractual obligations may fall away, or a party may be entitled to bring a contract to an end, even where there is no express termination clause. In a less predictable geopolitical environment, parties may be more likely to explore these routes to avoid unfavourable contractual terms or end contracts entirely.

This three-part guide explains the key routes to termination or escape from contractual obligations: frustration, repudiatory breach, misrepresentation, mistake, and illegality.

Discover the legal doctrines that may bring contractual obligations to an end, including frustration, repudiatory breach, misrepresentation, mistake and illegality.

Our three-part guide explains the key principles and their practical application under English law.

Download guide