首页 >
法律 >
合同法 >
Termination for Breach of Contract, 2nd Edition

Termination for Breach of Contract, 2nd Edition

作者： John Stannard; David Capper
出版商： Oxford University Press
ISBN: 9780198852292
出版时间 November 2020
规格： Hardback , 416 pages
适应领域： Commonwealth, U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥2,673.75

￥2,593.54 Save ￥80.21 (3%)

或

下载订单表

加入收藏
| 加入比较

描述
大纲
作者

详细

Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. The chapter on breach of contract has continued to take on board the developing principles of contractual construction, most notably in relation to the interpretation of exemption clauses, where Supreme Court and Court of Appeal decisions, namely Impact Funding Solutions Ltd v Barrington Support Services Ltd and Persimmon Homes Ltd v Ove Arup and Partners Ltd, have continued to question the extent to which the traditional approach can be reconciled with the broader canons of commercial construction now adopted by the courts. In the following chapter, termination is defined in the terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notable the right to withhold performance and discharge under the doctrine of frustration. The controversial decision of the Court of Appeal in MSC Mediterranean Shipping Co SA v Cottonex Anstalt is discussed here. The third part addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' of when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. Recent Court of Appeals decisions are included, such as Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd, which provides useful guidance as to the relationship between conditions and contractual rights of termination. The fourth and final section considers the consequences of the promisee's election whether to terminate. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notable damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The position on damages in The Golden Victory has been extended further by Bunge SA v Nidera BV as discussed in Chapter 10. Similarly the examination of the Court of Appeal decision in The New Flamenco provides additional authority on mitigation to damages. Principles relating to restitution recovery are re-examined by reference to three major Supreme Court cases on unjust enrichment: Benedetti v Sawiris; Memelaou v Bank of Cyprus UK Ltd; and Investment Trust Companies v Revenue and Customs Commissioners.
Part I: Introduction
1.: The Nature of Termination
2.: The Genesis of Termination
Part II: Breach and Termination
3.: Breach of Contract
4.: The Process of Termination
Part III: The Right to Terminate
5.: Breach of Condition
6.: Fundamental Breach
7.: Repudiation and Anticipatory Breach
8.: Express Rights of Termination
Part IV: Termination and Affirmation
9.: Discharge of Primary Obligations
10.: Damages on Termination
11.: Restitutionary Relief
12.: The Consequences of Affirmation
John Stannard graduated from Oxford University in 1973 with a BA in Jurisprudence, and obtained the degree of BCL the following year. From 1974 to 1976 he was a lecturer in Roman Law at the University of Aberdeen, and has been on the staff of Queen's University since 1977.

David Capper obtained his LL.B from Queen's University Belfast in 1982 and was taught by John Stannard during his undergraduate studies. In 1984 he obtained the degree of LL.M from Cambridge University and later the same year he was called to the Bar of Northern Ireland. After practising for five years he was appointed to a Lectureship in Law at Queen's, was promoted to Senior Lecturer in 1996, and to Reader in 2002.

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

Termination for Breach of Contract, 2nd Edition

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Termination for Breach of Contract, 2nd Edition

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title