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McMeel on the Construction of Contracts: Interpretation, Implication and Rectification

Gerard McMeel
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A new edition has been published, the details can be seen here:
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed isbn 9780414113978

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

Neil Andrews, Andrew Tettenborn, Graham Virgo

ISBN13: 9780414078574
New Edition ISBN: 9780414113978
Previous Edition ISBN: 9780414057593
Published: July 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print






Also available as
eBook (ProView)
9780414078598
out of print
£279.00
Book & eBook Pack (ProView)
9780414078581
out of print
£363.00

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

Subjects:
Contract Law
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

Series: Contract Law Library

Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed (eBook)
David Hodge
ISBN 9780414087385
To be published December 2026
Sweet & Maxwell Ltd
£245.00
(ProView)
Pre‑Order
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed (Book & eBook Pack)
David Hodge
ISBN 9780414087378
To be published December 2026
Sweet & Maxwell Ltd
£319.00
(ProView)
Pre‑Order
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 3rd ed
David Hodge
ISBN 9780414077737
To be published December 2026
Sweet & Maxwell Ltd
£245.00
Cover of Damages for Breach of Contract
Damages for Breach of Contract 3rd ed
Katy Barnett
ISBN 9780414128842
Published September 2025
Sweet & Maxwell Ltd
£255.00
Cover of Damages for Breach of Contract (Book & eBook Pack)
Damages for Breach of Contract 3rd ed (Book & eBook Pack)
Katy Barnett
ISBN 9780414128859
Published September 2025
Sweet & Maxwell Ltd
£331.50
(ProView)
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Cover of Damages for Breach of Contract (eBook)
Damages for Breach of Contract 3rd ed (eBook)
Katy Barnett
ISBN 9780414128873
Published September 2025
Sweet & Maxwell Ltd
£255.00
(ProView)
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Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 7th ed
John Cartwright
ISBN 9780414121249
Published April 2025
Sweet & Maxwell Ltd
£325.00
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 7th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414121270
Published April 2025
Sweet & Maxwell Ltd
£422.50
(ProView)
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Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 7th ed (eBook)
John Cartwright
ISBN 9780414121287
Published April 2025
Sweet & Maxwell Ltd
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Cover of Formation and Variation of Contracts (Book & eBook Pack)
Formation and Variation of Contracts 4th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414119017
Published April 2024
Sweet & Maxwell Ltd
£392.00
(ProView)
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Cover of Formation and Variation of Contracts
Formation and Variation of Contracts 4th ed
John Cartwright
ISBN 9780414119000
Published April 2024
Sweet & Maxwell Ltd
£302.00
Cover of Formation and Variation of Contracts (eBook)
Formation and Variation of Contracts 4th ed (eBook)
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ISBN 9780414119024
Published April 2024
Sweet & Maxwell Ltd
£302.00
(ProView)
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Cover of Illegality and Public Policy (eBook)
Illegality and Public Policy 6th ed (eBook)
Richard A. Buckley
ISBN 9780414114494
Published September 2023
Sweet & Maxwell Ltd
£296.00
(ProView)
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Cover of Illegality and Public Policy (Book & eBook Pack)
Illegality and Public Policy 6th ed (Book & eBook Pack)
Richard A. Buckley
ISBN 9780414114487
Published September 2023
Sweet & Maxwell Ltd
£385.00
(ProView)
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Cover of Illegality and Public Policy
Illegality and Public Policy 6th ed
Richard A. Buckley
ISBN 9780414114470
Published September 2023
Sweet & Maxwell Ltd
£296.00
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113992
Published August 2023
Sweet & Maxwell Ltd
£344.00
(ProView)
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Cover of Contractual Duties: Performance, Breach, Termination and Remedies (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113985
Published August 2023
Sweet & Maxwell Ltd
£447.00
(ProView)
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Cover of Contractual Duties: Performance, Breach, Termination and Remedies
Contractual Duties: Performance, Breach, Termination and Remedies 4th ed
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414113978
Published August 2023
Sweet & Maxwell Ltd
£344.00
Cover of Estoppel by Conduct and Election (eBook)
Estoppel by Conduct and Election 3rd ed (eBook)
Patrick Keane AC KC
ISBN 9780414114029
Published June 2023
Sweet & Maxwell Ltd
£296.00
(ProView)
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Cover of Estoppel by Conduct and Election (Book & eBook Pack)
Estoppel by Conduct and Election 3rd ed (Book & eBook Pack)
Patrick Keane AC KC
ISBN 9780414114012
Published June 2023
Sweet & Maxwell Ltd
£385.00
(ProView)
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Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election 3rd ed
Patrick Keane AC KC
ISBN 9780414114005
Published June 2023
Sweet & Maxwell Ltd
£296.00
Cover of Duress, Undue Influence and Unconscionable Dealings (eBook)
Duress, Undue Influence and Unconscionable Dealings 4th ed (eBook)
Nelson Enonchong
ISBN 9780414110588
Published May 2023
Sweet & Maxwell Ltd
£332.00
(ProView)
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Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 4th ed
Nelson Enonchong
ISBN 9780414110557
Published May 2023
Sweet & Maxwell Ltd
£332.00
Cover of Duress, Undue Influence and Unconscionable Dealings (Book & eBook Pack)
Duress, Undue Influence and Unconscionable Dealings 4th ed (Book & eBook Pack)
Nelson Enonchong
ISBN 9780414110571
Published May 2023
Sweet & Maxwell Ltd
£431.00
(ProView)
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Cover of Damages for Breach of Contract
Damages for Breach of Contract 2nd ed
Katy Barnett
ISBN 9780414110878
Published November 2022
Sweet & Maxwell Ltd
Out of print
Cover of Damages for Breach of Contract (eBook)
Damages for Breach of Contract 2nd ed (eBook)
Katy Barnett
ISBN 9780414110892
Published November 2022
Sweet & Maxwell Ltd
Out of print
Cover of Damages for Breach of Contract (Book & eBook Pack)
Damages for Breach of Contract 2nd ed (Book & eBook Pack)
Katy Barnett
ISBN 9780414110885
Published November 2022
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414089242
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 6th ed
John Cartwright
ISBN 9780414089235
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook)
John Cartwright
ISBN 9780414089259
Published August 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414105904
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102989
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed with 1st Supplement (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102972
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102941
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102958
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed: 1st Supplement
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414102934
Published July 2022
Sweet & Maxwell Ltd
Out of print
Cover of Frustration and Force Majeure
Frustration and Force Majeure 4th ed
Edwin Peel
ISBN 9780414098558
Published December 2021
Sweet & Maxwell Ltd
£332.00
Cover of Frustration and Force Majeure (eBook)
Frustration and Force Majeure 4th ed (eBook)
Edwin Peel
ISBN 9780414098589
Published December 2021
Sweet & Maxwell Ltd
£332.00
(ProView)
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Cover of Frustration and Force Majeure (Book & eBook Pack)
Frustration and Force Majeure 4th ed (Book & eBook Pack)
Edwin Peel
ISBN 9780414098572
Published December 2021
Sweet & Maxwell Ltd
£433.00
(ProView)
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Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel (Book & eBook Pack)
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed (Book & eBook Pack)
John Cartwright
ISBN 9780414090705
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel (eBook)
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed (eBook)
John Cartwright
ISBN 9780414090712
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel
Formation and Variation of Contracts: The Agreement, Formalities, Consideration and Promissory Estoppel 3rd ed
John Cartwright
ISBN 9780414090590
Published August 2021
Sweet & Maxwell Ltd
Out of print
Cover of Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement
Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement
Nelson Enonchong
ISBN 9780414084049
Published January 2021
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement
Nelson Enonchong
ISBN 9780414082090
Published January 2021
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy
Illegality and Public Policy 5th ed
Richard A. Buckley
ISBN 9780414078482
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy (eBook)
Illegality and Public Policy 5th ed (eBook)
Richard A. Buckley
ISBN 9780414081420
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Illegality and Public Policy (Book & eBook Pack)
Illegality and Public Policy 5th ed (Book & eBook Pack)
Richard A. Buckley
ISBN 9780414081413
Published September 2020
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (eBook)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed (eBook)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414078598
Published July 2020
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies (Book & eBook Pack)
Contractual Duties: Performance, Breach, Termination and Remedies 3rd ed (Book & eBook Pack)
Neil Andrews, Andrew Tettenborn, Graham Virgo
ISBN 9780414078581
Published July 2020
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (Book & eBook Pack)
Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack)
John Cartwright
ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure (eBook)
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook)
John Cartwright
ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 5th ed
John Cartwright
ISBN 9780414071186
Published November 2019
Sweet & Maxwell Ltd
Out of print
Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 3rd ed
Nelson Enonchong
ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Cover of Contractual Duties: Performance, Breach, Termination and Remedies
Contractual Duties: Performance, Breach, Termination and Remedies 2nd ed
Neil Andrews, Malcolm Clarke, Andrew Tettenborn, Graham Virgo
ISBN 9780414057593
Published March 2017
Sweet & Maxwell Ltd
Out of print
Cover of Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure 4th ed
John Cartwright
ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Cover of Damages for Breach of Contract
Damages for Breach of Contract
Richard Lawson
ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election 2nd ed
The Honourable K. R. Handley
ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
Out of print
Cover of Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 2nd ed
David Hodge
ISBN 9780414034303
Published December 2015
Sweet & Maxwell Ltd
£269.00
Cover of Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake (eBook)
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake 2nd ed (eBook)
David Hodge
ISBN 9780414087354
Published December 2015
Sweet & Maxwell Ltd
£269.00
(ProView)
Buy
Cover of Duress, Undue Influence and Unconscionable Dealings
Duress, Undue Influence and Unconscionable Dealings 2nd ed
Nelson Enonchong
ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
Cover of The Interpretation of Contracts 4th ed with 1st Supplement
The Interpretation of Contracts 4th ed with 1st Supplement
Kim Lewison
ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
Cover of The Interpretation of Contracts 4th ed
The Interpretation of Contracts 4th ed
Kim Lewison
ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
Out of print
Cover of Estoppel by Conduct and Election
Estoppel by Conduct and Election
Mr Justice K. R. Handley
ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed: 1st Supplement
John Cartwright
ISBN CARTsupp

Sweet & Maxwell Ltd
Publication Abandoned