Termination

Définition

Termination ends a contract going forward, either for convenience (no reason needed, where allowed) or for cause (such as material breach or insolvency). It differs from dissolution and rescission, which can unwind the contract retroactively. Contracts should specify grounds, notice requirements, and which obligations survive, such as confidentiality and accrued payments.

Exemple

A client terminates a consultancy agreement for convenience with 30 days' written notice, paying for work done up to that date.

Pourquoi c'est un risque pour l'entreprise

Businesses that do not actively manage termination rights risk being locked into underperforming contracts. Termination for cause requires evidence of breach and proper notice procedures, which many companies cannot produce because obligations were never tracked. Termination for convenience, while cleaner, may trigger wind-down costs, data return obligations, and disputes about accrued fees.

Comment le gérer

• Know which termination rights you have: for convenience, for cause, or both. Check notice periods and any wind-down obligations.
• For termination for cause, build the evidence trail first: notices of default, correspondence about the breach, and records of what was promised.
• Check what survives termination: confidentiality, IP, accrued payments, and dispute resolution clauses typically continue.
• After terminating, confirm receipt of the notice in writing and document the effective termination date to avoid later disputes.