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Contractual Duties: Performance, Breach, Termination and Remedies 3rd Edition

Contractual Duties: Performance, Breach, Termination and Remedies 3rd Edition

Name: Contractual Duties: Performance, Breach, Termination and Remedies 3rd Edition
Brand: Sweet & Maxwell U.K.
SKU: 9780414078574
Availability: InStock
Author: Neil Andrews; Andrew Tettenborn; Graham Virgo
ISBN: 9780414078574

Edited by Neil Andrews · Andrew Tettenborn · Graham Virgo

Sweet & Maxwell U.K. July 2020

Specifications

ISBN-13: 9780414078574
Publisher: Sweet & Maxwell U.K.
Publication: July 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract 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: firstly its principles and process are explained. Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.
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 3rd edition:

Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book since the last edition appeared in 2017

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