A breach of contract that gives the aggrieved party the right to choose either to end the contract or to affirm it. In either case, the aggrieved party may also claim damages.

A breach of condition is normally repudiatory, as is breach of an intermediate term that deprives the other party of substantially the whole benefit of the contract. A contract may also be repudiated before the time for performance has arrived.

For further guidance, see Practice note, Contracts: conditions, warranties and intermediate terms.