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Delay in the Performance of Contractual Obligations, 2nd Edition

Delay in the Performance of Contractual Obligations, 2nd Edition

Author: John E. Stannard
Publisher: Oxford University Press
ISBN: 9780198792321
Published In: February 2018
Format: Hardback , 464 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Delay in the Performance of Contractual Obligations remains the leading practitioner work on the subject and includes consideration of variations in practice in different sectors.

There are many new cases reflected in this new edition. Those of particular relevance to delay in the House of Lords, Supreme Court and Privy Council include Sentinel International Ltd v Cordes (2008) on notices making time of the essence, The Achilleas (2007) on remoteness of damage, The New Flamenco (2017) on mitigation, Sempra Metals Ltd v Inland Revenue Commissioners (2007) on the award of interest on damages, White v Riverside Housing Association Ltd (2007) on rent review, and Makdessi v Cavendish Square Holdings BV (2015) on the penalty doctrine. Those in the Court of Appeal include British Overseas Bank Nominees Ltd v Analytical Properties Ltd (2015) on conditions precedent and the order of performance, The Arctic III (2016) on indemnity clauses, The Crudesky (2013) on force majeure clauses and demurrage, North Eastern Properties Ltd v Coleman (2010) and Samarenko v Dawn Hill House Ltd (2011) on notices making time of the essence, Siemens Building Technologies FE Ltd v Supershield Ltd (2010) and John Grimes Partnership Ltd v Gubbins (2012) on remoteness of damage, Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (2016) on the late payment of charterparty hire, Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2013), Urban 1 (Blonk St) v Ayres (2013) and MSC Mediterranean Shipping Co v Cottonex Anstalt (2016) on delay as a repudiatory breach, and The Sea Angel (2007) and The Mary Nour (2008) on the doctrine of frustration. The growing trend towards reliance upon the so-called prevention principle is also treated with particular reference to Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (2007), Adyard Abu Dhabi LLC v SD Marine Services (2011), and Jerram Falkus Construction Ltd v Fenice Investments Inc (2011). The book also discusses the implications of the Consumer Rights Act 2015 on delays in performance.

A new chapter has been included in this edition in relation to express contractual provisions dealing with issues of delay, with special reference to construction contracts, charter parties and contracts for the sale of land.
PART I: THE OBLIGATION TO PERFORM ON TIME

1: The Proper Time for Performance

Where a time is set by the contract

Where the contract is silent as to time

Performance due on demand

Unilateral Obligations

2: The Importance of Timely Performance

Time of the essence and its meaning

ime of the essence at common law and in equity

When is time of the essence?

3: Performance due on a Contingency

The nature of a condition precedent

Identifying a condition precedent

Exceptions

PART II: REMEDIES FOR DELAY

4: The Obligation and its Performance

The hour of performance

Period specified for performance

5: Excuses for Failure to Perform on Time

Exclusions and exceptions

Agreement, variation, waiver and estoppel

Prevention by promisee

Supervening events

6: The Effect of Failure to Perform on Time

Delay as breach of contract

Delay as a failure of condition

Frustrating delay

Delay as a breach of condition

Delay as a fundamental breach

Delay as repudiation

PART III: REMEDIES FOR DELAY

7: Specific Relief

Specific performance

Action for the price

8: Notices Making Time of the Essence

Genesis of notice procedure

The modern doctrine

Scope of the procedure

9: Compensation for Delay

Damages at common law

Recovery or forfeiture of liquidated sum

10: Witholding Performance

Witholding performance and termination

The normal rule

Doctrine of substantial performance

Timely performance as a condition precedent

11: Termination

Termination where time is of the essence

Termination where time is not of the essence

12: Frustrating Delay

Preliminary distinctions

Factors involved in frustrating delay
John E Stannard, Lecturer in Law, Queen's University, Belfast