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Carter's Breach of Contract, 2nd Edition

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Carter's Breach of Contract, 2nd Edition By J W Carter 

Author J W Carter 
Publication Date Oct, 2018
ISBN 9780409348354



Publisher: Sweet & Maxwell

Carter’s Breach of Contract provides comprehensive guidance on the proof and consequences of breach, through detailed discussion and analysis of primary sources from the United Kingdom, Australia, New Zealand, Singapore and other common law jurisdictions.

It is the leading text in the Commonwealth on the law of breach of contract, being regularly cited by the courts. The second edition is extensively revised and updated, including discussion of the impact of the following recent decisions:-

  • ENE Kos 1 Ltd v Petroleo Brasileiro SA (The Kos) (No 2) [2012] (indemnity clauses)
  • Geys v Société Générale London Branch [2013] (repudiation of employment contracts),
  • Bunge SA v Nidera BV (formerly Nidera Handelscompagnie BV) [2015] (damages following termination for repudiation),
  • Montgomery v Lanarkshire Health Board [2015] (application of the Bolam test)
  • Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (The Spar Capella) [2016] (contrast between express termination rights and common law rights to terminate).
  • Urban 1 (Blonk Street) Ltd v Ayres [2014] (analysis of notices to complete)
  • Paciocco v Australia and New Zealand Banking Group Ltd (2016) and Cavendish Square Holding BV v Makdessi [2016] (doctrine of penalties)
  • Electricity Generation Corporation v Woodside Energy Ltd (2014) (standard of duty applicable under a reasonable endeavours obligation).

Statutory developments taken into account include the Consumer Rights Act 2015 (UK), the Insurance Act 2015 (UK) and the Contract and Commercial Law Act 2017 (NZ).

Contract Law, Other Jurisdictions , Australia


Part I — Proof of Breach and Bases For a Right to Terminate
1. Introduction
2. Failure to Perform
3. Bases for a Right to Terminate
Part II — Breach of Contractual Terms
4. Types of Contractual Terms
5. Breach of Condition
6. Breach of Terms Other than Conditions
PART III — Repudiation and Anticipatory Breach
7. General Principles of Repudiation and Anticipatory Breach
8. Repudiation and Anticipatory Breach Based on Words or Conduct
9. Repudiation and Anticipatory Breach Based on an Inability to Perform
Part IV —Election
10. Exercise of the Right to Terminate
11. Continuation of Performance and Revival of the Right to Terminate
Part V — The Consequences of Termination
12. General Principles and Enforcement of Terms
13. Claims for Damages, Performance and Restitution



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