Contractual Duties Performance, Breach, Termination And Remedies

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PRODUCT DESCRIPTION PRODUCT DESCRIPTION Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four 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. Covers damages for breach of contract, laying out the measures of award. 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, and questions of timing. New to the 2nd edition: Substantial case law updates across all four key areas of the book since the first edition was written in 2011 Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2015

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Contractual Duties: Performance, Breach, Termination and Remedies CONTRACTUAL DUTIES: PERFORMANCE, BREACH, TERMINATION AND REMEDIES SECOND EDITION PROFESSOR NEIL ANDREWS Professor of Civil Justice and Private Law PROFESSOR MALCOLM CLARKE Professor of Commercial Law PROFESSOR ANDREW TETTENBORN Professor of Commercial Law PROFESSOR GRAHAM VIRGO QC (honoris causa) Professor of English Private Law Published in 2017 by Thomson Reuters (Professional) UK Limited, trading as Sweet & Maxwell. Registered in England & Wales. Company number 1679046. Registered office 5 Canada Square, Canary Wharf, London E14 5AQ. For further information on our products and services, visit http:// www.sweetandmaxwell.co.uk. Computerset by Sweet & Maxwell. Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY. No natural forests were destroyed to make this product; only farmed timber was used and re-planted. A CIP catalogue record of this book is available for the British Library. ISBN: 9780414057593 Thomson Reuters and the Thomson Reuters logo are trademarks of Thomson Reuters. Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature, without prior written permission, except for permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other use of copyright material, including permission to reproduce extracts in other published works, shall be made to the publishers. Full acknowledgement of author, publisher and source must be given. © 2017 Thomson Reuters (Professional) UK Limited FOREWORD I had the great privilege of writing a foreword to the first edition of Andrews, Clarke (not me), Tettenborn and Virgo on “Contractual Duties: Performance, Breach, Termination and Remedies”. I did so as recently as November 2011, only just over five years ago. I expressed the view that, while a bit of a mouthful, the title demonstrated the great breadth of the work. I also expres
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