Contractual Duties: Performance, Breach, Termination and Remedies 4th ed

Author: Professor Andrew Tettenborn; Professor Malcolm Clarke; Professor Neil Andrews; Professor Graham Virgo
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414113978

Previous Edition ISBN: 9780414105904
Published In: August 2023
Format: Hardback , 710 pages
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract law academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.

Main features:

Part 1 covers rescission: general principles; possible grounds for (including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty); bars to; and consequences of rescission are fully considered.
Part 2 introduces the different types of breach and the terminology that governs them and explains strict and non-strict obligations.
Part 3 deals with discharge by impossibility, illegality or frustration.
Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action, going on to cover damages, and then dealing in detail with specific enforcement.

It covers the structure of the law of damages, laying out the measures of award. In addition, it explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation. There is also a chapter dedicated to agreed damages.

New to the 4th edition:
The law of contract and contract remedies has evolved significantly since the last 2020 edition. Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book have been considered and analysed. See in particular:

Part 1 (Rescission)

Nature Resorts Ltd v First Citizens Bank Ltd [2022] UKPC 10 on undue influence
Moses v Moses [2022] UKPC 42 on rights of third parties
Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] UKSC 40 and The Debenture Trust Corp plc v Ukraine [2023] UKSC 1 on duress

Part 2 (Breach and Performance)
Cases of note on renunciation; repudiation; identifying conditions; innominate terms; the process of terminating for breach; and the entire obligation rule are included.

Part 3 (Frustration)
On force majeure clauses: Delta Petroleum v British Virgin Islands Electricity [2020] UKPC 23; Mur Shipping v RTI [2022] EWCA Civ 1406
On the doctrine of frustration: Dayah v Bushloe Street Surgery [2020] EWHC 1375 (QB), Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2022] EWCA Civ 1021

Part 4 (Remedies)
Interesting developments on damages for late payment of debts (Sagicor Jamaica v Seaton [2022] UKPC 48);
On the relation between recoverable financial loss and the insolvency laws (Stanford International v HSBC [2022] UKSC 34); and
On the remedies for failure to pay cryptocurrencies like Ether or Bitcoin.

PART I RESCISSION
by Professor Graham Virgo QC (honoris causa)
1 THE NATURE OF RESCISSION
2 THE GROUNDS OF RESCISSION
3 BARS TO RESCISSION
4 THE CONSEQUENCES OF RESCISSION

PART II BREACH AND PERFORMANCE
by Professor Neil Andrews
5 INTRODUCTION
6 RENUNCIATION BY WORDS OR CONDUCT
7 ANTICIPATORY BREACH
8 REPUDIATION BY ACTUAL BREACH
9 TERMINATION CLAUSES
10 COMMON LAW RIGHT TO TERMINATE
11 TIME STIPULATIONS

12 INTERMEDIATE OR INNOMINATE TERMS: “WAIT AND SEE” BECAUSE “IT ALL DEPENDS”
13 THE NATURE OF TERMINATION FOR BREACH
14 THE PROCESS OF TERMINATION FOR BREACH
15 THE ENTIRE OBLIGATION RULE

PART III FRUSTRATION: DISCHARGE BY IMPOSSIBILITY, ILLEGAILITY OR FRUSTRATION
by Professor Neil Andrews
16 CORE FEATURES OF FRUSTRATION: LEGAL BASIS, RISK ALLOCATION AND SELF-INDUCEMENT
17 CATEGORIES OF FRUSTRATION
18 THE AFTERMATH OF FRUSTRATION

PART IV REMEDIES
by Professor Andrew Tettenborn
19 CLAIMS IN DEBT
20 DAMAGES FOR BREACH OF CONTRACT— INTRODUCTION
21 DAMAGES: FINANCIAL LOSS
22 DAMAGES: NON-PECUNIARY LOSS
23 DAMAGES: REMOTENESS OF LOSS
24 DAMAGES: CAUSATION, MITIGATION AND THE CONDUCT OF THE CLAIMANT
25 DAMAGES: AGREED DAMAGES AND OTHER REMEDIES FOR BREACH
26 DAMAGES: GAIN-BASED AWARDS
27 SPECIFIC RELIEF: THE GRANT OF SPECIFIC PERFORMANCE
28 SPECIFIC RELIEF: INJUNCTIONS AND BREACH OF CONTRACT

Andrew Tettenborn is currently Professor of Commercial Law at the University of Swansea and is one of the leaders of the commercial and maritime law programme. He has extensive writing experience on contract, tort and commercial law having acted as Editor of Clerk & Lindsell on Torts and is General Editor of the Professional Negligence and Liability Reports.

Graham Virgo is Professor of English Private Law at the University of Cambridge, Fellow and Senior Tutor of Downing College, Cambridge and Academic Bencher of Lincoln’s Inn. He is an Editor of Chitty on Contracts for which he is responsible for the chapter on Restitution. He has contributed to books on Criminal Law and Equity and Trusts and has written extensively on the law of restitution.

Neil Andrews is a Professor of Civil Justice and Private Law at the University of Cambridge and a Fellow of Clare College. He is also a Member of the American Law Institute and Council Member of the International Association of Procedural Law. He has worked on several titles for Sweet & Maxwell including Principles of Civil Procedure.