Performing Rights Society Ltd v Burns and another [2012] EWHC 221 (Ch), [2012] All ER (D) 05 (Mar)
It was settled law that acceptance of a repudiatory breach had to be communicated clearly and unequivocally, so that mere inactivity, a mere failure to perform, would generally not be regarded as acceptance for that purpose. There was no rule of law that a failure to perform was necessarily and always equivocal; it all depended on the particular contractual relationship and the particular circumstances of the case.
