Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 9 Sept/Oct 2017

Book of the Month

Cover of Corruption and Misuse of Public Office

Corruption and Misuse of Public Office

Price: £225.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


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


ISBN13: 9780414057593
Previous Edition ISBN: 9780414025561
Published: March 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £235.00



In stock.

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

Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
To be published December 2018
Sweet & Maxwell Ltd
£235.00
Illegality and Public Policy 4th ed ISBN 9780414059443
Published March 2017
Sweet & Maxwell Ltd
£225.00
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
£259.00
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
£215.00
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
£211.00
Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
£227.00
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
£95.00
(Second Hand)
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print