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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Delay in the Performance of Contractual Obligations 2nd ed isbn 9780198792321

Delay in the Performance of Contractual Obligations

ISBN13: 9780199282654
New Edition ISBN: 9780198792321
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

It is much easier to make a promise than to keep it, still less to keep it on time. It is therefore not surprising that delay is a common problem in contracts of all kinds, and the issue has been very much litigated in the courts. Unfortunately the law in this area is both complex and obscure, and there is a marked lack of commentary on the subject.

This book is designed to fill that gap by dealing systematically with the topic of delay in the contractual context. In the first part of the book there is a general discussion of the law for determining the time of performance, both where a time is set by the contract and where the contract is silent as to time. The second part of the book looks at the performance of time stipulations, dealing with the question of what amounts to prompt performance, the effect of failure to perform on time, and the excuses which may be available for such failure. The third part of the book examines the remedies available to the victim of delay in performance, including specific performance, termination and the recovery of damages. A glossary is provided dealing with various words and phrases used in connection with the time for performance and the remedies for delay.

Overall, the book sets out to elucidate a set of general principles for delay by drawing on cases on a wide variety of topics. The main focus is on the law of England and Wales, but reference will be made where appropriate to authorities from other common law jurisdictions.

  • Divided into three parts the work considers: the obligation to perform on time; performance of the obligation; and remedies for delay
  • Examines cases from a wide variety of backgrounds including shipping, sales of goods, conveyancing, insurance, IT and building and construction contracts including commonwealth authorities
  • Systematic treatment of the subject including all relevant information available in a single volume
  • Fills a gap for a specialist work on this topic that will appeal to practitioners and academics

Contract Law
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
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
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 ;