Delay in the performance of contractual obligations

Law of the United Kingdom and Ireland > England and Wales > KD1590

Edition Details

Creator or Attribution (Responsibility): John E. Stannard
Biografical Information: 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 of the Irish Association of Law Teachers.
Language: English
Jurisdiction(s): England
Publication Information: Oxford : Oxford University Press, 2007
Material: Internet resource
Type: Book, Internet Resource
Permalink: https://books.lawi.org.uk/delay-in-the-performance-of-contractual-obligations/ (Stable identifier)

Short Description

Lxx, 390 pages ; 26 cm

Purpose and Intended Audience

Useful for students learning an area of law, Delay in the performance of contractual obligations is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Publisher: University Press
Responsable Person: John E. Stannard.
Publication Date: 2007
Country/State: England
Number of Editions: 6 editions
First edition Date: 1989
Last edition Date: 2007
Languages: English
Library of Congress Code: KD1590
Dewey Code: 346.42022
ISBN: 9780199282654 019928265X
OCLC: 72868028

Main Contents

PART I: THE OBLIGATION TO PERFORM ON TIME ; 1. The Proper Time for Performance ; Where a time is set by the contract ; Where the contract is silent as to time ; Performance due on demand ; Unilateral Obligations ; 2. The Importance of Timely Performance ; Time of the essence and its meaning ; ime of the essence at common law and in equity ; When is time of the essence? ; 3. Performance due on a Contingency ; The nature of a condition precedent ; Identifying a condition precedent ; Exceptions ; PART II: REMEDIES FOR DELAY ; 4. The Obligation and its Performance ; The hour of performance ; Period specified for performance ; 5. Excuses for Failure to Perform on Time ; Exclusions and exceptions ; Agreement, variation, waiver and estoppel ; Prevention by promisee ; Supervening events ; 6. The Effect of Failure to Perform on Time ; Delay as breach of contract ; Delay as a failure of condition ; Frustrating delay ; Delay as a breach of condition ; Delay as a fundamental breach ; Delay as repudiation ; PART III: REMEDIES FOR DELAY ; 7. Specific Relief ; Specific performance ; Action for the price ; 8. Notices Making Time of the Essence ; Genesis of notice procedure ; The modern doctrine ; Scope of the procedure ; 9. Compensation for Delay ; Damages at common law ; Recovery or forfeiture of liquidated sum ; 10. Witholding Performance ; Witholding performance and termination ; The normal rule ; Doctrine of substantial performance ; Timely performance as a condition precedent ; 11. Termination ; Termination where time is of the essence ; Termination where time is not of the essence ; 12. Frustrating Delay ; Preliminary distinctions ; Factors involved in frustrating delay

Summary Note

Deals with the topic of delay in the contractual context. This book includes a discussion of the law for determining the time of performance. It also looks at the performance of time stipulations, and examines the remedies available to the victim of delay in performance, including specific performance, termination and the recovery of damages.

Delay in the performance of contractual obligations

Delay in the performance of contractual obligations