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This book is now Out of Print.
A new edition was published, see:
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed isbn 9780414078574

Contractual Duties: Performance, Breach, Termination and Remedies 2nd ed


ISBN13: 9780414057593
New Edition ISBN: 9780414078574
Previous Edition ISBN: 9780414025561
Published: March 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four 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.
  • Details the bars to rescission, explaining what damages might be due in lieu of rescission.
  • Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.
  • Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.
  • It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.
  • Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.
  • Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.
  • Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.
  • 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.
  • Covers damages for breach of contract, laying out the measures of award.
  • 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, and questions of timing.
  • Analyses the two limbs of the Hadley v Baxendale principle and their consequences.
  • Covers other types of damages including agreed damage and gain-based awards.
  • Discusses specific relief, focusing on the grant of specific performance and injunctions.
  • Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.
New to the 2nd edition:-


  • Substantial case law updates across all four key areas of the book since the first edition was written in 2011
  • Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

Subjects:
Contract Law
Contents:
1. THE NATURE OF RESCISSION
2. THE GROUNDS OF RESCISSION
3. BARS TO RESCISSION
4. THE CONSEQUENCES OF RESCISSION
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 FOR BREACH OF CONDITION
11. TIME STIPULATIONS
12. INNOMINATE OR INTERMEDIATE TERMS
13. THE NATURE OF TERMINATION FOR BREACH
14. THE PROCESS OF TERMINATION FOR BREACH
15. THE ENTIRE OBLIGATION RULE
16. THEORY
17. CASES OF CONTRACT FRUSTRATION
18. THE EFFECT OF FRUSTRATION
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 SPECIFIC REMEDIES
26. DAMAGES: GAIN-BASED AWARDS
27. SPECIFIC RELIEF: THE GRANT OF SPECIFIC PERFORMANCE
28. SPECIFIC RELIEF: INJUNCTIONS AND BREACH OF CONTRACT

Series: Contract Law Library

£245.00
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Misrepresentation, Mistake and Non-Disclosure 7th ed (Book & eBook Pack) ISBN 9780414121270
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Misrepresentation, Mistake and Non-Disclosure 7th ed (eBook) ISBN 9780414121287
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Formation and Variation of Contracts 4th ed ISBN 9780414119000
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Illegality and Public Policy 6th ed ISBN 9780414114470
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Duress, Undue Influence and Unconscionable Dealings 4th ed ISBN 9780414110557
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Sweet & Maxwell Ltd
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Damages for Breach of Contract 2nd ed ISBN 9780414110878
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£281.00
Damages for Breach of Contract 2nd ed (Book & eBook Pack) ISBN 9780414110885
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£365.00
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Damages for Breach of Contract 2nd ed (eBook) ISBN 9780414110892
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£281.00
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Misrepresentation, Mistake and Non-Disclosure 6th ed ISBN 9780414089235
Published August 2022
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£365.00
Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook) ISBN 9780414089259
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Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack) ISBN 9780414089242
Published August 2022
Sweet & Maxwell Ltd
£474.00
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Frustration and Force Majeure 4th ed (Book & eBook Pack) ISBN 9780414098572
Published December 2021
Sweet & Maxwell Ltd
£433.00
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Frustration and Force Majeure 4th ed ISBN 9780414098558
Published December 2021
Sweet & Maxwell Ltd
£332.00
Frustration and Force Majeure 4th ed (eBook) ISBN 9780414098589
Published December 2021
Sweet & Maxwell Ltd
£332.00
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
Published January 2021
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 5th ed (Book & eBook Pack) ISBN 9780414081413
Published September 2020
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 5th ed ISBN 9780414078482
Published September 2020
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
Published September 2020
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
Published November 2019
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Out of print
£269.00
(ProView)
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
£110.00
(Second Hand)
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned