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Contractual Duties: Performance, Breach, Termination and Remedies 4th ed

Contractual Duties: Performance, Breach, Termination and Remedies 4th ed
Product ISBN: 9780414113978
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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.

table of content

Part I Rescission
By Professor Graham Virgo KC (Honoris Causa)
1. The Nature of Rescission
2. The Grounds for 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 for Breach of Condition
11. Time Stipulations
12. Intermediate or Innominate Terms: “Wait and See” because “It All Depends”
13. The Nature of Termination or Discharge for Breach
14. The Process of Termination or Discharge for Breach
15. The Entire Obligation Rule
Part III: Frustration: Discharge by Impossibility, Illegality 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