What is the test for repaying a contract where a party has been found to have committed a breach of the contract?
British Columbia, Canada
The following excerpt is from Standard Precast Ltd. v. Dywidag Fab Con Products Ltd., 1989 CanLII 2901 (BC CA):
Repudiation is not lightly to be inferred from a party’s conduct, particularly where, as here, prior to the time for performance that party has repeated its intention to carry out the contract: McBride v. Johnson (or McBride) (1962), 1962 CanLII 52 (SCC), 31 D.L.R. (2d) 763 at pp. 768-70 [1962] S.C.R. 202 at pp. 208-10. Background
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