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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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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

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