首页 >
Selected >
Bargain >
Contractual Duties: Performance, Breach, Termination and Remedies, 4th Edition

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

作者： Professor Andrew Tettenborn; Professor Malcolm Clarke; Professor Neil Andrews; Professor Graham Virgo
出版商： Sweet & Maxwell U.K.
ISBN: 9780414113978
出版时间 August 2023
规格： Hardback , 710 pages
适应领域： Commonwealth, U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥3,493.08

￥2,444.97 Save ￥1,048.11 (30%)

或

下载订单表

加入收藏
| 加入比较

描述
大纲
作者

详细
Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract law 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: general principles; possible grounds for (including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty); bars to; and consequences of rescission are fully considered.
- 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 4th edition:
The law of contract and contract remedies has evolved significantly since the last 2020 edition. Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book have been considered and analysed. See in particular:

Part 1 (Rescission)
- Nature Resorts Ltd v First Citizens Bank Ltd [2022] UKPC 10 on undue influence
- Moses v Moses [2022] UKPC 42 on rights of third parties
- 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)
- Cases of note on renunciation; repudiation; identifying conditions; innominate terms; the process of terminating for breach; and the entire obligation rule are included.
  
  Part 3 (Frustration)
- On force majeure clauses: Delta Petroleum v British Virgin Islands Electricity [2020] UKPC 23; Mur Shipping v RTI [2022] EWCA Civ 1406
- On 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)
- Interesting developments on damages for late payment of debts (Sagicor Jamaica v Seaton [2022] UKPC 48);
- On the relation between recoverable financial loss and the insolvency laws (Stanford International v HSBC [2022] UKSC 34); and
- On the remedies for failure to pay cryptocurrencies like Ether or Bitcoin.
PART I RESCISSION
by Professor Graham Virgo QC (honoris causa)
1 THE NATURE OF RESCISSION
2 THE GROUNDS OF 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
11 TIME STIPULATIONS

12 INTERMEDIATE OR INNOMINATE 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
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
Andrew Tettenborn is currently Professor of Commercial Law at the University of Swansea and is one of the leaders of the commercial and maritime law programme. He has extensive writing experience on contract, tort and commercial law having acted as Editor of Clerk & Lindsell on Torts and is General Editor of the Professional Negligence and Liability Reports.

Graham Virgo is Professor of English Private Law at the University of Cambridge, Fellow and Senior Tutor of Downing College, Cambridge and Academic Bencher of Lincoln’s Inn. He is an Editor of Chitty on Contracts for which he is responsible for the chapter on Restitution. He has contributed to books on Criminal Law and Equity and Trusts and has written extensively on the law of restitution.

Neil Andrews is a Professor of Civil Justice and Private Law at the University of Cambridge and a Fellow of Clare College. He is also a Member of the American Law Institute and Council Member of the International Association of Procedural Law. He has worked on several titles for Sweet & Maxwell including Principles of Civil Procedure.

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥497.55

￥482.62 Save ￥14.93 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,161.07


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,283.40

￥1,244.90 Save ￥38.50 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,255.00

￥3,157.35 Save ￥97.65 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,329.40

￥3,229.52 Save ￥99.88 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,120.40

￥2,056.79 Save ￥63.61 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,092.00

￥3,969.24 Save ￥122.76 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,934.40

￥1,876.37 Save ￥58.03 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,325.00

￥2,255.25 Save ￥69.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥2,974.14

￥2,884.92 Save ￥89.22 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,643.99

￥2,564.67 Save ￥79.32 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥457.56

￥443.83 Save ￥13.73 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Hong Kong Family Court Practice, 4th Edition: List Price: ￥2,511.00

￥2,435.67 Save ￥75.33 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,581.00

￥1,533.57 Save ￥47.43 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

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

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

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

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title