Contract rests on the agreement of the parties: as it is their agreement that binds them, so by their agreement they may be discharged. This chapter begins by identifying two sources of difficulty, which render the topic of discharge by agreement one of considerable artificiality and refinement, and then discusses the forms of discharge by agreement, covering release, accord and satisfaction, rescission, variation, waiver, and discharge provisions contained in the contract itself.
Chapter
13. Discharge by Agreement
Jack Beatson, Andrew Burrows, and John Cartwright
Chapter
16. Equitable maxims, doctrines, and remedies
In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter considers principles (including maxims), doctrines (including conversion, satisfaction, performance, and election), and remedies that have been developed over time to help predict the way in which equity will operate in various types of cases.
Chapter
3. Supervising the Enforcement of Judgments
This chapter examines the role of the Council of Europe’s Committee of Ministers in supervising the judgments made by the European Court of Human Rights or the Strasbourg Court, describes the composition and procedure of the Committee of Ministers, and the execution of judgments.
Chapter
16. Equitable maxims, doctrines, and remedies
In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter considers particular principles (including maxims), doctrines (including conversion, satisfaction, performance, and election), and remedies that have been developed over time to help predict the way in which equity will operate in various types of cases.
Chapter
13. Proprietary Estoppel
Estoppel is seen as having two main forms. In the law of contract, it is seen principally as having a defensive function, operating to modify the doctrine of consideration to prevent one party to a contract from fully enforcing his contractual rights against the other. This form of the doctrine, termed promissory estoppel, is seen traditionally as being defensive in nature: it is a shield and not a sword. In land law, by contrast, it has long been accepted that estoppel can operate directly to found a cause of action. When operating in this way, the doctrine is referred to as proprietary estoppel. This chapter discusses how a claim in proprietary estoppel is established, where a claimant relies upon an assurance to their detriment in unconscionable circumstances, as well as how a court decides how to satisfy the equity that arises in a successful claim—the question of remedy.
Chapter
26. Consequences of an internationally wrongful act
In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond. This may be done by invoking the responsibility of the wrongdoer, seeking cessation and/or reparation, or (if no other remedy is available) possibly by taking countermeasures. This chapter discusses international law governing cessation, reparation, invocation.
