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. 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.
- 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 3rd edition:
Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book since the last edition appeared in 2017