Authors: Malcolm Clarke, Neil Andrews, Graham Virgo, Andrew Tettenborn
Performance, Breach, Termination and Remedies presents a high level analysis of the law relating to the termination of contracts, a critical area of commercial practice that lies at the heart of litigation about contracts. It offers new and authoritative insights into how to proceed when contracts are breached or break down. The work explores how parties to contracts are deemed to have abided by the contract, how contracts break down and the remedies available when they do.
While the central focus is English contract law, this is complemented by a comparative dimension showing how other systems have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.
This book:
- Provides essential help for barristers when challenging a contract and examining why it is inadequate, and for solicitors when researching the drafting of a contract
- Examines recent law, in-depth
- Takes a fresh and up-to-date view of termination based on recent trends in the courts
- Explores case law in depth, suggesting new arguments and ideas for dealing with contractual disputes
- Examines relevant statutes and contract terms
- Gives clear guidance on grey areas, highlighting possible arguments in awkward cases
- Helps clarify the appropriate remedy in particular situations
- Discusses damages, restitution, specific performance, injunctions, and agreed remedies
- Considers innovative approaches suggested by case law in other jurisdictions.
Contents
Part One: Discharge by breach and by performance.
Part Two: Discharge by impossibility, illegality or frustration.
Part Three: Rescission of contracts.
Part Four: Remedies.
Jurisdiction: England/Wales/Commonwealth
