Contractual Duties: Performance, Breach, Termination and Remedies 4th ed
Published: August 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract law 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: general principles; possible grounds for (including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty); bars to; and consequences of rescission are fully considered.
- 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.
It covers the structure of the law of damages, laying out the measures of award. In addition, it 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.
New to the 4th edition:
The law of contract and contract remedies has evolved significantly since the last 2020 edition. Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book have been considered and analysed. See in particular:
Part 1 (Rescission)
Nature Resorts Ltd v First Citizens Bank Ltd  UKPC 10 on undue influence
Moses v Moses  UKPC 42 on rights of third parties
Times Travel (UK) Ltd v Pakistan International Airlines Corp  UKSC 40 and The Debenture Trust Corp plc v Ukraine  UKSC 1 on duress
Part 2 (Breach and Performance)
Cases of note on renunciation; repudiation; identifying conditions; innominate terms; the process of terminating for breach; and the entire obligation rule are included.
Part 3 (Frustration)
On force majeure clauses: Delta Petroleum v British Virgin Islands Electricity  UKPC 23; Mur Shipping v RTI  EWCA Civ 1406
On the doctrine of frustration: Dayah v Bushloe Street Surgery  EWHC 1375 (QB), Bank of New York Mellon (International) Ltd v Cine-UK Ltd  EWCA Civ 1021
Part 4 (Remedies)
Interesting developments on damages for late payment of debts (Sagicor Jamaica v Seaton  UKPC 48);
On the relation between recoverable financial loss and the insolvency laws (Stanford International v HSBC  UKSC 34); and
On the remedies for failure to pay cryptocurrencies like Ether or Bitcoin.