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Contractual Duties

Contractual Duties
Performance, Breach, Termination and Remedies
3rd Edition
Series:  Commercial Series
Practice Area:  Commercial Law, Contract Law
ISBN:  9780414078574
Published by:  Sweet & Maxwell
Publication Date:  30 Jul 2020
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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

CONTENTS

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

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