Contractual duties : performance, breach, termination and remedies / Neil Andrews, Andrew Tettenborn, Graham Virgo.

London : Sweet & Maxwell, 2020.

3rd ed.

90013

Contracts -- England.

Contracts -- Wales.

Part I Rescission

1. The Nature of Rescission

2. The Grounds of Rescission

3. Bars to Rescission

4. The Consequences of Rescission

Part II Breach and Performance

5. Breach: 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. Innominate or Intermediate Terms: "Wait and See" because "It All Depends"

13. The Nature of Termination For Breach

14. The Process of Termination For Breach

15. The Entire Obligation Rule

Part III Frustration: Discharge by Impossibility, Illegaility or Frustration

16. Theory

17. Cases of Contract Frustration

18. The Effect of Frustration

Part IV Remedies

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.

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available. Main features: Part 1 covers rescission: firstly its principles and process are explained. Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired 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 covers the structure of the law of damages, laying out the measures of award. In addition, it explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, 'cost of cure' and balance sheet calculation. There is also a chapter dedicated to agreed damages. New to the 3rd edition: Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book since the last edition appeared in 2017. - Publisher's website.

Previous edition: 2017.

Includes bibliographical references and index.

9780414078574

xcvii, 710 p. ; 25 cm