Abstract
When a party to a contract delays performance of his obligation, is the other party entitled to rescind the contract forthwith? This is clearly a question of great practical importance. It is not surprising therefore that the question has arisen in a number of cases which have come before the Supreme Court since the passage of the Contracts (Remedies for Breach of Contract) Law, 1970. In this note we shall review the approach of the Supreme Court to this question as it was formulated in two of these cases: Peretz v. Biton, which was the subject of an additional hearing before five judges, and Hershko v. Wachter, which was heard before five judges from the start.
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