Subjects:

Contract Law

Contents:

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

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