Fundamental Breach of Contract Cannot be Remedied

The case of Buckland v Bournemouth University makes an important point concerning remedies after a repudiatory breach of contract. In the case, Professor Buckland was involved in an argument with the University over the criticism of some scripts he had marked.

He was fully exonerated by the subsequent inquiry, but by that stage his relationship with a number of his work colleagues had deteriorated to the extent that he was no longer willing to work with them.

He later resigned, and claimed constructive unfair dismissal on the grounds that the unfair criticisms of his marking had effectively destroyed the fundamental relationship of trust and confidence that must underlie any working relationship. The resulting employment tribunal hearing found that in approving the amended marks without notifying the professor, the University had committed a repudiatory breach of contract.

The University appealed the decision, arguing that it had remedied any contract breach through the inquiry which found in the professor's favour.

However, the Court of Appeal found in Professor Buckland's favour. In the event of a serious breach of contract such as this...