how to revive a contract after termination

Advocate

If one of the parties to a contract defaults and the other party terminates the contract, can the same contract be revived by withdrawing/recalling the notice of termination if both the paties agree to do so.

There is a contract between X company and Y contractor. Y contractor has  failed to complete the work within the time as such the X company after giving notice , terminated the contract. After receiving the termination letter, Y contractor approached the X company  requesting to revive the contract. X company is also willing to give a chance. 

Does the act of withdrawing the notice of termination revive the old contract? Or a fresh offer and acceptance is needed for the same purpose?

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Depends on the actual terms. If in the present case time was not of the essence of the contract, it could not have been terminated in the first place, hence no need for resurrecting it

 
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practicing advocate

It depends on both. If both If both are agreed then no problem to revive the contract  by withdrawing the notice.

 
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Why revive. Simply enter into new contract. In case you need the previous contract record the fact of earlier contract may be mentioned in the new contract.

 
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A CONTRACT ONCE REPUDIATED IN CASE OF BREACH CANNOT BE BROUGHT BACK TO LIFE, IN SUCH CASE THERE CAN BE ONLY A NEW CONTRACT. BECUASE AS PER CONTRACT ACT THE CONTRACT COMES TO AN END AS AND WHEN THE PARTY REPUDIATES IT.

 
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Sr. Stores Officer

It can be revived by issuing a withdrawal letter. The Contractor will have to give his acceptance again to abide by the terms and conditions and scope of work.

 
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Consultant & Legal Analyst

Better take a route of arbitration and agree on the mutual terms through arbitration process.

 
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Constrction engineer

A contract was terminated as per the provisions of the contract. Thereafter the contract was revived with additional security deposit.

Whether the revived contract can be considered with same terms and conditions of the contract if no such mention is made in the contract revival order ?

 
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Consultant & Legal Analyst

Dear Uday,

 

Terms & conditions of a terminated contract cannot be evoked unless specifically mentioned so in the revised agreement.

 
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