If a party has both customary law and contractual rights of termination, but chooses to terminate with a contractual right of termination, instead of invoking a negative infringement, it is prevented from asserting the loss of future damages in the negotiations.19 It may go against any fiber of your nature, but sometimes the decision not to terminate the agreement could be, be the best way to proceed. There are usually other options that should be evaluated before deciding to make a termination. The issue of damages for misrepresentation is more complex than damages for infringement, due to the different ways in which the law is formulated and the related tactical considerations. Among the options, it can be difficult to decide whether you have the right to terminate a contract and how you can achieve that termination. Unfortunately, this is a kind of circular definition, as Ken Adams sees here; A major breach is an offence that strikes at the heart of the agreement, that prevents a party from getting what they negotiated for, it is something that we would expect a reasonable person to terminate the agreement. . . .