An invalid notice of termination under a building contract does not necessarily constitute repudiation; whether it does depends on whether an intention to repudiate can be inferred from the circumstances, which is a mixed question of fact and law. A party who is itself in breach of contract is not necessarily precluded from accepting the other party's repudiatory conduct, but the question depends on whether the accepting party's breach was of an obligation in the nature of a condition precedent. Courts exercising appellate jurisdiction limited to questions of law under s 67 of the CTTT Act should remit matters to the Tribunal for factual findings rather than making findings of fact themselves.
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