
Published online:
22 July 2021
Published in print:
25 May 2021
Online ISBN:
9780191926587
Print ISBN:
9780198832805
Contents
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Types of Forfeiture Clause Types of Forfeiture Clause
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Determination for Cause Determination for Cause
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Determination without Cause Determination without Cause
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Strict Compliance Strict Compliance
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Repudiation Repudiation
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Employer’s Default of Its Obligations to Make Payment Employer’s Default of Its Obligations to Make Payment
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Remedies in the Event of Forfeiture Remedies in the Event of Forfeiture
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Vesting Clauses in Relation to Materials, Plant, and Machinery Vesting Clauses in Relation to Materials, Plant, and Machinery
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Penalties Penalties
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Relief against Forfeiture Relief against Forfeiture
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Chapter
13 Determination or Forfeiture Clauses
Get access
Pages
355–370
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Published:May 2021
Cite
Hopkins, David, 'Determination or Forfeiture Clauses', in Richard Wilmot-Smith, QC, and Paul Darling (eds), Wilmot-Smith on Construction Contracts, 4th edn (Oxford , 2021; online edn, Oxford Law Pro, 22 July 2021), https://doi.org/10.1093/oso/9780198832805.003.0013, accessed 13 May 2025.
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Abstract
This chapter deals with forfeiture clauses, which are designed to provide a contractually regulated early end to the obligations of the parties under the contract. It explains how a forfeiture clause may allow determination for cause or determination without cause. It also points out that a forfeiture clause will not exclude common law rights to terminate and subsist in parallel to the forfeiture clause. This chapter assesses the standard forms of contract that often refer to forfeiture clauses as termination clauses and sometimes use the language of rescission. It defines rescission as the unwinding of a contract back to the point of its inception.
Collection:
Oxford Scholarship Online
David Hopkins, Determination or Forfeiture Clauses In: Wilmot-Smith on Construction Contracts. Fourth Edition. Edited by Richard Wilmot-Smith, Paul Darling QC, Oxford University Press. © Oxford University Press 2021. DOI: 10.1093/oso/9780198832805.003.0013
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