Wrongful Termination

Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain & Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA.

Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL.

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