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

Book of the Month

Cover of Cryptoassets for Private Clients: A Practitioner's Guide

Cryptoassets for Private Clients: A Practitioner's Guide

Price: £179.99

Crown and Government Land: Prerogative, Statute and Common Law



  


Welcome to Wildys

Watch


A Practitioner's Guide to Wills 5th ed



  


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 3rd ed with 1st Supplement (eBook)


ISBN13: 9780414102989
Published: July 2022
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £374.00
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale allowed in
Anguilla, Antigua and Barbuda, Aruba, Austria, Bahamas, Barbados, Belgium, Bermuda, Bulgaria, Cayman Islands, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Finland, France, Germany, Gibraltar, Greece, Grenada, Guadeloupe, Guernsey, Guyana, Haiti, Hungary, Ireland, Italy, Jamaica, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Martinique, Montserrat, Netherlands, Poland, Portugal, Puerto Rico, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Slovakia, Slovenia, Spain, Sweden, Trinidad and Tobago, Turks and Caicos Islands, United Kingdom, Virgin Islands (British), Virgin Islands (U.S.)

Sorry, due to territorial restrictions applied by the publisher we are unable to supply this eBook to United States.



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.

Part 1 covers rescission: firstly its principles and process are explained, and then 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.

The authors cover the structure of the law of damages, laying out the measures of award. In addition, they 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.

The third edition contains substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book since the last edition appeared in 2017.

The 1st Supplement published in July 2022 includes fresh commentary and cases covering each chapter of the main work, updating the Third Edition, published in 2020, to 1 April 2022. The Supplement considers over 50 recent cases and updates the readers on recent develpments throught the Third Edition, including:

  • Rescission: Case law on various grounds of rescission (Misrepresentation; Mistake; Duress; Bribery); bars to rescission (affirmation, lapse of time, damages in lieu); and, consequences of rescission.
  • Breach and Performance: Cases on de minimis default in loan repayment; implied renunciation by conduct or inaction; when is a term a promissory condition, consequences of termination or discharge on liquidated damages clause; an innocent party’s waiver by election
  • Frustration: Discharge by Impossibility, Illegality or Frustration: Case law on frustration precluded by express contractual provision; exceptional market event as a valid force majeure clause
  • Remedies: Cases relating to claims in debt, financial loss, non-pecuniary loss, remoteness of loss, on causation, mitigation and the conduct of the claimant, gain-based awards, specific performance, and, injunctions

Subjects:
Contract Law, eBooks
Contents:
ART 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

£245.00
(ProView)
Pre‑Order
£245.00
Duress, Undue Influence and Unconscionable Dealings 4th ed ISBN 9780414110557
To be published April 2023
Sweet & Maxwell Ltd
£275.00
Duress, Undue Influence and Unconscionable Dealings 4th ed (Book & eBook Pack) ISBN 9780414110571
To be published April 2023
Sweet & Maxwell Ltd
£304.00
(ProView)
Pre‑Order
Duress, Undue Influence and Unconscionable Dealings 4th ed (eBook) ISBN 9780414110588
To be published April 2023
Sweet & Maxwell Ltd
£247.50
(ProView)
Pre‑Order
Damages for Breach of Contract 2nd ed ISBN 9780414110878
Published November 2022
Sweet & Maxwell Ltd
£235.00
Damages for Breach of Contract 2nd ed (eBook) ISBN 9780414110892
Published November 2022
Sweet & Maxwell Ltd
£235.00
(ProView)
Buy
Damages for Breach of Contract 2nd ed (Book & eBook Pack) ISBN 9780414110885
Published November 2022
Sweet & Maxwell Ltd
£305.50
(ProView)
Buy
Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook) ISBN 9780414089259
Published August 2022
Sweet & Maxwell Ltd
£305.00
(ProView)
Buy
Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack) ISBN 9780414089242
Published August 2022
Sweet & Maxwell Ltd
£397.00
(ProView)
Buy
Misrepresentation, Mistake and Non-Disclosure 6th ed ISBN 9780414089235
Published August 2022
Sweet & Maxwell Ltd
£305.00
Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
Published January 2021
Sweet & Maxwell Ltd
£366.00
Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
Published January 2021
Sweet & Maxwell Ltd
£95.00
Illegality and Public Policy 5th ed ISBN 9780414078482
Published September 2020
Sweet & Maxwell Ltd
£282.00
Illegality and Public Policy 5th ed (Book & eBook Pack) ISBN 9780414081413
Published September 2020
Sweet & Maxwell Ltd
£367.00
(ProView)
Buy
Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
Published September 2020
Sweet & Maxwell Ltd
£282.00
(ProView)
Buy
Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
Published November 2019
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
Published November 2019
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 4th ed ISBN 9780414059443
Published March 2017
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
£269.00
£269.00
(ProView)
Buy
Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
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
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned
Publication Abandoned