Contractual Duties: Performance, Breach Termination and Remedies 3rd edition

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Contractual Duties: Performance, Breach Termination and Remedies By Neil Andrews, Malcolm Clarke, Andrew Tettenborn

Author Neil Andrews, Malcolm Clarke, Andrew Tettenborn
Publication Date July, 2020
ISBN 9780414078574


Publisher: Sweet & Maxwell

Contractual Duties: Performance, Breach, Termination and Remediespresents advice from three top contract academics on the responsibilities involved in a disputed contract, including performance, breach, termination, and remedies.

Main features:

  • Part 1 covers rescission: firstly its principles and process are explaine
  • 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 establishes the basis for damages legislation and award measures. It also discusses financial loss, covering concepts such as anticipation, reliance, eventual injury, "cost of cure," and balance sheet computation, as well as the many ways to depict the loss. A section on agreed-upon damages is also included.

New to the 3rd edition of Contractual Duties:

Since the latest edition in 2017, there have been significant case law revisions, including multiple Supreme Court decisions, in all four core sections of the book.
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