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


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

Author Neil Andrews, Andrew Tettenborn, Graham Virgo
Publication Date August 2023
ISBN 9780414113978
Hard Cover 
Publisher Sweet & Maxwell

"Contractual Duties: Performance, Breach, Termination and Remedies" offers expert guidance from three leading contract law scholars on the duties involved in disputed contracts, including performance, breach, termination, and available remedies.

Main Features of Contractual Duties: Performance, Breach, Termination and Remedies, 4th Ed:

Part 1: Rescission
- Discusses general principles and possible grounds for rescission, such as misrepresentation, mistake, non-disclosure, duress, undue pressure, influence, impaired capacity, unconscionable conduct, and breaches of fiduciary duty.
- Examines bars to rescission and its consequences.

Part 2: Breach and Performance
- Introduces different types of breaches and relevant terminology.
- Explains strict and non-strict obligations.

Part 3: Discharge
- Covers discharge by impossibility, illegality, or frustration.

Part 4: Remedies
- Begins with the right to sue for a debt and its limitations, covers damages, and delves into specific enforcement.
- Outlines the structure of the law of damages, detailing measures of award.
- Explains financial loss through concepts such as expectation, reliance, consequential damage, 'cost of cure,' and balance sheet calculation.
- Includes a dedicated chapter on agreed damages.

New to the 4th Edition:

The 4th edition reflects significant developments in contract law and contract remedies since the 2020 edition, incorporating substantial case law updates and Supreme Court decisions across all four key areas.

Part 1: Rescission
- Key cases include:
  - *Nature Resorts Ltd v First Citizens Bank Ltd* [2022] UKPC 10 on undue influence.
  - *Moses v Moses* [2022] UKPC 42 on third-party rights.
  - *Times Travel (UK) Ltd v Pakistan International Airlines Corp* [2021] UKSC 40 and *The Debenture Trust Corp plc v Ukraine* [2023] UKSC 1 on duress.

Part 2: Breach and Performance
- Discusses cases on renunciation, repudiation, identifying conditions, innominate terms, the process of terminating for breach, and the entire obligation rule.

Part 3: Frustration
- Addresses force majeure clauses:
  - *Delta Petroleum v British Virgin Islands Electricity* [2020] UKPC 23.
  - *Mur Shipping v RTI* [2022] EWCA Civ 1406.
- Examines the doctrine of frustration:
  - *Dayah v Bushloe Street Surgery* [2020] EWHC 1375 (QB).
  - *Bank of New York Mellon (International) Ltd v Cine-UK Ltd* [2022] EWCA Civ 1021.

Part 4: Remedies
- Explores damages for late payment of debts (*Sagicor Jamaica v Seaton* [2022] UKPC 48).
- Examines the relationship between recoverable financial loss and insolvency laws (*Stanford International v HSBC* [2022] UKSC 34).
- Discusses remedies for failure to pay cryptocurrencies like Ether or Bitcoin.

Contents of Contractual Duties: Performance, Breach, Termination and Remedies, 4th Ed

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

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