Delay in the Performance of Contractual Obligations

Hardcover | March 15, 2007

byJohn E Stannard

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It is much easier to make a promise than to keep it, still less to keep it on time. It is therefore not surprising that delay is a common problem in contracts of all kinds, and the issue has been very much litigated in the courts. Unfortunately the law in this area is both complex andobscure, and there is a marked lack of commentary on the subject. This book is designed to fill that gap by dealing systematically with the topic of delay in the contractual context. In the first part of the book there is a general discussion of the law for determining the time of performance, both where a time is set by the contract and where the contract issilent as to time. The second part of the book looks at the performance of time stipulations, dealing with the question of what amounts to prompt performance, the effect of failure to perform on time, and the excuses which may be available for such failure. The third part of the book examines theremedies available to the victim of delay in performance, including specific performance, termination and the recovery of damages. A glossary is provided dealing with various words and phrases used in connection with the time for performance and the remedies for delay. Overall, the book sets out to elucidate a set of general principles for delay by drawing on cases on a wide variety of topics. The main focus is on the law of England and Wales, but reference will be made where appropriate to authorities from other common law jurisdictions.

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It is much easier to make a promise than to keep it, still less to keep it on time. It is therefore not surprising that delay is a common problem in contracts of all kinds, and the issue has been very much litigated in the courts. Unfortunately the law in this area is both complex andobscure, and there is a marked lack of commentary o...

John Stannard is a graduate of Oxford University. From 1974 to 1976 he was a lecturer at the University of Aberdeen, and has been on the staff of Queen's University since 1977. He is a member of the Society of Legal Scholars, of the Irish Legal History Society and of the Institute of Teaching and Learning. He is also Past President...
Format:HardcoverDimensions:460 pages, 9.69 × 6.73 × 1.14 inPublished:March 15, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019928265X

ISBN - 13:9780199282654

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Table of Contents

PART I: THE OBLIGATION TO PERFORM ON TIME1. The Proper Time for PerformanceWhere a time is set by the contractWhere the contract is silent as to timePerformance due on demandUnilateral Obligations2. The Importance of Timely PerformanceTime of the essence and its meaningime of the essence at common law and in equityWhen is time of the essence?3. Performance due on a ContingencyThe nature of a condition precedentIdentifying a condition precedentExceptionsPART II: REMEDIES FOR DELAY4. The Obligation and its PerformanceThe hour of performancePeriod specified for performance5. Excuses for Failure to Perform on TimeExclusions and exceptionsAgreement, variation, waiver and estoppelPrevention by promiseeSupervening events6. The Effect of Failure to Perform on TimeDelay as breach of contractDelay as a failure of conditionFrustrating delayDelay as a breach of conditionDelay as a fundamental breachDelay as repudiationPART III: REMEDIES FOR DELAY7. Specific ReliefSpecific performanceAction for the price8. Notices Making Time of the EssenceGenesis of notice procedureThe modern doctrineScope of the procedure9. Compensation for DelayDamages at common lawRecovery or forfeiture of liquidated sum10. Witholding PerformanceWitholding performance and terminationThe normal ruleDoctrine of substantial performanceTimely performance as a condition precedent11. TerminationTermination where time is of the essenceTermination where time is not of the essence12. Frustrating DelayPreliminary distinctionsFactors involved in frustrating delay