By John E Stannard

Description

• Divided into three parts the work considers: the obligation to perform on time; performance of the obligation; and remedies for delay
• Examines cases from a wide variety of backgrounds including shipping, sales of goods, conveyancing, insurance, IT and building and construction contracts including commonwealth authorities
• Systematic treatment of the subject including all relevant information available in a single volume
• Fills a gap for a specialist work on this topic that will appeal to practitioners and academics

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 and obscure, 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 is silent 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 the remedies 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.

Readership: This book will be useful to practitioners in the field of contract and commercial law. It will also be of interest to academics.

Contents

PART I: THE OBLIGATION TO PERFORM ON TIME
1. The Proper Time for Performance

2. The Importance of Timely Performance

3. Performance due on a Contingency

PART II: REMEDIES FOR DELAY
4. The Obligation and its Performance

5. Excuses for Failure to Perform on Time

6. The Effect of Failure to Perform on Time

PART III: REMEDIES FOR DELAY
7. Specific Relief

8. Notices Making Time of the Essence

9. Compensation for Delay

10. Witholding Performance

11. Termination

12. Frustrating Delay

Authors, editors, and contributors

John E Stannard, Lecturer in Law, Queens University, Belfast

Published Year: 2007 Format: Hard Back ISBN: 978-0-19-928265-4 Publisher: Oxford University Press No of Pages: 464 Our Price: £ 131.00 Reviews: 0 reivew(s).

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