Editing Breach of contract (section)

===Repudiatory breaches===
Conduct is repudiatory if it deprives the innocent party of ''substantially the whole of the benefit'' intended to be received as consideration for performance of its future obligations under the contract. Different forms of words are used by courts to express this central concept. The most prominent is whether the breach goes to ''the root of the contract''. Those forms of words are simply different ways of expressing the "substantially the whole benefit" test.<ref>{{cite news |title=Federal Commerce & Navigation Co Ltd v Molena Alpha Inc (The Nanfri) [1979] AC 757 per Lord Wilberforce}}</ref>

Sometimes the innocent party may be deprived of its entitlement to damages for repudiatory breach of contract:
*if the innocent party is ''irremediably disabled from performance'', provided that that inability to perform on the part of the innocent party is not itself attributable to the repudiatory breach;<ref>Cases such as Braithwaite v Foreign Hardwood Company (1905) 2KB 543, British and Beningtons Ltd v North Western Cachar Tea Co (1923) AC 48, and Cooper, Ewing & Co Ltd v Hamel & Horley Ltd (1923) 13 Ll L Rep 590, discussed in England and Wales Court of Appeal (Civil Division), [https://www.bailii.org/ew/cases/EWCA/Civ/2011/87.html Acre 1127 Ltd. (In Liquidation) v De Montfort Fine Art Ltd. (2011)] EWCA Civ 87 (9 February 2011), accessed 13 June 2021</ref>
*if the innocent party has ''a settled intention not to perform''.<ref>Pease, C. and Riach, C., [https://www.inhouselawyer.co.uk/legal-briefing/a-clearer-picture-of-entitlement-to-damages-flowing-from-repudiatory-breach/ A clearer picture of entitlement to damages flowing from repudiatory breach?], ''Legal Briefing'', published May 2011, accessed 13 June 2021</ref>