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Chapter

Cover Anson's Law of Contract

15. Discharge for Breach  

Jack Beatson, Andrew Burrows, and John Cartwright

If one of the parties to a contract breaches an obligation which the contract imposes, that party is in breach of contract. The breach may consist in the non-performance of the relevant obligation, or its performance in a manner or at a time that fails to comply with the requirements of the contract. This chapter sets out the rules governing the discharge of a contract by breach. It shows that the breach may give rise to discharge only if it is sufficiently serious in its effects (a breach which ‘goes to the root of the contract’, or a ‘repudiation’ of the contract) or if it is a breach of a sufficiently serious term of the contract (breach of ‘condition’).

Chapter

Cover Anson's Law of Contract

16. Discharge by Operation of Law  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter considers the rules of law which, operating upon certain sets of circumstances, will bring about the discharge of a contract. The discussions cover mergers, discharged by judgment of a court, alteration or cancellation of a written instrument, and bankruptcy.

Chapter

Cover Anson's Law of Contract

17. Damages  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter discusses damages and other remedies for breach of contract. It covers the compensatory nature of damages, basis of assessment of damages, causation, remoteness, mitigation, assessment of damages in contracts for the sale of goods, claimants’ contributory negligence, the tax element in damages, interest, and agreed damages clauses (contrasting penalty clauses).

Chapter

Cover Anson's Law of Contract

21. Third Parties  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter deals with the scope of a valid contract when formed, and the question: to whom does the obligation extend? This question is considered under two separate headings: (1) the acquisition of rights by a third party, and (2) the imposition of liabilities upon a third party. At common law the general rule is that no one but the parties to a contract can be entitled under it, or bound by it. This principle is known as that of privity of contract.

Chapter

Cover Anson's Law of Contract

14. Discharge by Frustration  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter traces the history of the doctrine of frustration and examines the scope of its present application. The discussion covers instances of frustration, the theoretical basis of frustration, incidence of risk, self-induced frustration, leases and contracts for the sale of land, and effects of frustration.

Chapter

Cover Anson's Law of Contract

18. Specific Remedies  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter considers specific remedies for breach of contract. Under certain circumstances, a contractual promise may be enforced directly. This may be by an action for the agreed sum, by an order for specific performance of the obligation, or by an injunction to restrain the breach of a negative stipulation in a contract or to require the defendant to take positive steps to undo a breach of contract. These remedies have different historical roots, the claim for an agreed sum being, like damages, a common law remedy whereas specific performance and injunctions are equitable remedies that were once exclusively administered by the Court of Chancery.

Chapter

Cover Anson's Law of Contract

19. Restitutionary Awards  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter considers restitutionary remedies for breach of contract. It discusses the recovery of money paid, restitution in respect of services or goods, and an account of profits or damages measured by benefit to contract-breaker.

Book

Cover JC Smith's The Law of Contract
Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.

Chapter

Cover Contract Law

12. Breach of contract and termination  

This chapter examines breach of contract and the remedy of termination. It discusses: (1) what constitutes breach of contract; (2) the types of breach that will entitle a claimant to elect whether to end (terminate) the contract and sue for damages; namely, conditions and innominate terms the breach of which deprive the claimant of substantially the whole benefit expected under the contract; (3) how terms are classified into conditions, warranties, and innominate terms; (4) the nature and effect of terminating a contract; (5) when the claimant can insist on continuing with performance (affirmation) when the defendant does not want to perform the contract; and (4) the additional special remedies available to consumers in certain cases.

Book

Cover Complete Contract Law
This book provides choice extracts, supported by clear commentary and useful learning features. The text starts with an introduction to contract law. Part I looks at creating the contract, with coverage of the offer, acceptance, the legal partnership, and consideration and promissory estoppel. Part II is about the content of the contract and performance. It looks at the terms of the contract, exemption clauses, and unfair terms and issues related to breach and termination of the contract. Part III is about enforcement of the contract. It considers compensatory damages following a breach as well as third-party rights and non-compensatory remedies. Part IV explains the facts that end a contract such as misrepresentation, duress, frustration, and mistake.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

18. Performance and Breach  

M P Furmston

This chapter discusses the law on performance and breach of contact. It covers the order of performance; excuses for non-performance; whether a party who does not perform perfectly can claim payment or performance from the other party; whether an innocent party who has paid in advance can recover his payment in the event of a failure of perfect performance; whether the innocent party can terminate the contract; the effect of a repudiation or a fundamental breach; the effect of discharging the contract for a bad reason, when a good reason also exists; contractual provisions for termination; stipulations as to time; and tender of performance.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

7. Unenforceable Contracts  

M P Furmston

This chapter and the next five chapters deal with cases where what looks like a contract turns out to be in someway defective. The ‘unenforceable contract’ resulted from procedural rather than substantive law. The origin of this position can be found in the passage, as long ago as 1677, of the Statute of Frauds. This chapter, which examines the history of this statute and its surviving effects in the modern law, discusses the Law of Property (Miscellaneous Provisions) Act 1989; other rules about form; and the law on writing, signature, and electronic commerce.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

14. Privity of Contract  

M P Furmston

This chapter discusses the doctrine of privity of contract. It covers exceptions to doctrine, the Contracts (Rights of Third Parties) Act 1999; and attempts to impose liability upon nonparties to the contract.

Chapter

Cover Contract Law

1. Introduction  

This introduction provides an overview of contracts and the law of contract. It first explains what the law of contract is about and why it matters before discussing the tasks of contract law. It then considers the role of debates in contract law, unity and diversity in contract law, and central issues in contract law. It also examines the main perspectives about contract that have influenced English law, including perspectives that used to be historically important. In particular, it explores the notions of bargains and the will. The chapter goes on to address two very different understandings of contracts: one that sees it primarily as a bundle of rights, and one that sees it as a relationship between the parties.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

1. Introduction to the study of contract law  

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU and Brexit.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

20. Discharge Under the Doctrine of Frustration  

M P Furmston

This chapter begins with a discussion of the nature and rationale of the doctrine of frustration. It then explains the operation of the doctrine, covering the effect when parties expressly provide for the frustrating event; how a party cannot rely upon self-induced frustration; and the controversy as to whether the doctrine of frustration applies to a lease. The chapter then turns to the effect of the doctrine, covering the Law Reform (Frustrated Contracts) Act 1943 and contracts excluded from the Act.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

21. Remedies for Breach of Contract  

M P Furmston

This chapter discusses remedies for breach of contract. It covers damages (remoteness of damage and measure of damages; mitigation; contributory negligence; liquidated damages and penalties; and deposits, part payments, and forfeitures), specific performance (specific performance a discretionary remedy; the principle of mutuality; and the remedy of injunction), and extinction of remedies (the statutory time limits; effect of defendant’s fraud; extension of time in case of disability; effect of acknowledgement or part payment; and effect of lapse of time on equitable claims).

Chapter

Cover JC Smith's The Law of Contract

26. Anticipatory breach of contract  

This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform their part of the contract, A declares that A is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If they accept, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then they may proceed to perform their side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.

Chapter

Cover JC Smith's The Law of Contract

28. Agreed remedies  

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.

Chapter

Cover Contract Law

10. Identifying and interpreting contractual terms  

This chapter examines how the contract terms that bind the parties are identified and interpreted. It also considers the special problems arising from standard form contracts. We will see how words or conduct that generate expectations are classified into terms within the contract or mere representations outside the contract, with very different remedial consequences; how express terms can be augmented by implied terms and collateral terms; how terms that are often unread (eg in standard form contracts) are made enforceable by signature, reasonable notice, previous dealing, or custom; how terms are interpreted; and, in particular, how troublesome clauses that exclude or limit liability are interpreted.