This is the First Supplement updating the Third Edition of Contractual Duties: Performance, Breach, Termination and Remedies by Professor Neil Andrews, Professor Andrew Tettenborn and Professor Graham Virgo.
The purpose of the Supplement is for it to be read side-by-side with the Third Edition.
The work includes fresh commentary and cases covering each chapter of the main work, updating the Third Edition to 1 April 2022. Over 50 recent cases have been considered.
The supplement updates readers on recent developments throughout the main work, 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.