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Cease And Desist Breach Of Contract Template for England and Wales

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Key Requirements PROMPT example:

Cease And Desist Breach Of Contract

"I need a Cease And Desist Breach Of Contract letter to send to our software supplier who has been sharing our proprietary code with competitors, giving them until March 15, 2025, to confirm they've stopped this unauthorized sharing and deleted all copies."

Document background
A Cease And Desist Breach Of Contract letter is typically used when one party has identified a clear violation of contractual terms and wishes to formally address the situation before pursuing litigation. Under English and Welsh law, this document serves as an important step in the dispute resolution process, demonstrating reasonable attempts to resolve the matter and compliance with pre-action protocols. The letter should clearly identify the contract, detail the breach, demand specific remedial action, and set clear timelines for compliance. It often forms part of the documentary evidence should the matter proceed to court.
Suggested Sections

1. Recipient Details: Full name and address of the party in breach

2. Contract Reference: Details of the original contract including date and parties

3. Breach Description: Specific details of how the contract has been breached, including relevant contract clauses and nature of the breach

4. Demand to Cease: Clear statement demanding the immediate cessation of breaching activities

5. Timeline for Compliance: Specific deadline for the recipient to comply with the cease and desist demand

6. Legal Consequences: Statement of potential legal action if compliance is not achieved, including reference to relevant legislation

Optional Sections

1. Previous Communications: Reference to prior attempts to resolve the issue and any relevant correspondence

2. Damage Assessment: Details of financial or other losses incurred due to the breach

3. Without Prejudice Section: Settlement proposals or compromise terms, marked as 'Without Prejudice'

Suggested Schedules

1. Schedule 1 - Original Contract: Copy of the original contract being breached

2. Schedule 2 - Evidence of Breach: Documentation, photographs, or other evidence proving the breach

3. Schedule 3 - Previous Correspondence: Copies of all relevant prior communications regarding the breach

4. Schedule 4 - Legislation References: List of relevant legislation and legal principles being relied upon

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Industries

Contracts (Rights of Third Parties) Act 1999: Primary legislation governing how third parties may enforce terms of a contract and acquire rights under a contract they are not directly party to

Limitation Act 1980: Establishes time limits within which legal proceedings must be commenced for breach of contract claims (generally 6 years for contracts)

Law of Property (Miscellaneous Provisions) Act 1989: Specifies formal requirements for creation and enforcement of contracts, particularly regarding property and formal documentation

Consumer Rights Act 2015: Key legislation protecting consumer rights in contracts, applicable if one party is acting as a consumer

Contract Formation Principles: Common law rules governing offer, acceptance, consideration, and intention to create legal relations

Breach of Contract Principles: Common law principles defining what constitutes a breach, including material breach, anticipatory breach, and minor breach

Specific Performance Doctrine: Equitable remedy requiring actual performance of contractual obligations rather than monetary compensation

Damages and Remedies Rules: Common law principles governing compensation and other remedies available for breach of contract

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, including pre-action protocols for contract disputes

Equitable Remedies: Additional remedies available through equity, including injunctions and specific performance

Mitigation Principle: Legal principle requiring the innocent party to take reasonable steps to minimize their losses following a breach

Injunctive Relief Requirements: Legal requirements and principles for obtaining temporary or permanent injunctions to prevent continued breach

Notice Period Requirements: Rules governing the proper service and timing of notices in contract law

Pre-action Protocol Compliance: Requirements for actions and communications before formal legal proceedings, including attempts to resolve disputes

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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