Author Description
Delay in the Performance of Contractual Obligations remains the leading practitioner work on the subject and includes consideration of variations in practice in different sectors. There are many new cases reflected in this new edition. Those of particular relevance to delay in the House of Lords, Supreme Court and Privy Council include Sentinel International Ltd v Cordes (2008) on notices making time of the essence, The Achilleas (2007) on remoteness of damage, The New Flamenco (2017) on mitigation, Sempra Metals Ltd v Inland Revenue Commissioners (2007) on the award of interest on damages, White v Riverside Housing Association Ltd (2007) on rent review, and Makdessi v Cavendish Square Holdings BV (2015) on the penalty doctrine. Those in the Court of Appeal include British Overseas Bank Nominees Ltd v Analytical Properties Ltd (2015) on conditions precedent and the order of performance, The Arctic III (2016) on indemnity clauses, The Crudesky (2013) on force majeure clauses and demurrage, North Eastern Properties Ltd v Coleman (2010) and Samarenko v Dawn Hill House Ltd (2011) on notices making time of the essence, Siemens Building Technologies FE Ltd v Supershield Ltd (2010) and John Grimes Partnership Ltd v Gubbins (2012) on remoteness of damage, Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (2016) on the late payment of charterparty hire, Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2013), Urban 1 (Blonk St) v Ayres (2013) and MSC Mediterranean Shipping Co v Cottonex Anstalt (2016) on delay as a repudiatory breach, and The Sea Angel (2007) and The Mary Nour (2008) on the doctrine of frustration. The growing trend towards reliance upon the so-called prevention principle is also treated with particular reference to Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (2007), Adyard Abu Dhabi LLC v SD Marine Services (2011), and Jerram Falkus Construction Ltd v Fenice Investments Inc (2011). The book also discusses the
Menrva's Summary
THE THESIS
This work investigates the legal complexities surrounding delay in the performance of contractual obligations and the subsequent remedies available to aggrieved parties. Author John E. Stannard provides a comprehensive analysis of the legal principles governing time-related breaches, drawing upon extensive case law from the House of Lords, the Supreme Court, and the Court of Appeal. The text serves as a framework for practitioners to navigate issues such as notices making time of the essence, remoteness of damage, and the doctrine of frustration.
THE SCOPE MAP
What You Will Find
- Analysis of landmark cases including The Achilleas, The New Flamenco, and Makdessi v Cavendish Square Holdings BV.
- Examination of the prevention principle and its application in construction and commercial contracts.
- Detailed discussion on force majeure clauses, indemnity, and repudiatory breach.
Scope Limits
- The text focuses primarily on English law and may not reflect specific statutory variations in other international jurisdictions.
- It does not provide general contract law primers, assuming a baseline knowledge of legal terminology and practice.
THE AUTHORITY PERSPECTIVE
Legal practitioners frequently cite this work as a primary reference for navigating the intricacies of contractual delay and performance disputes. Experts highlight the text for its thorough integration of recent appellate decisions and its utility in high-stakes commercial litigation.
Page Count:
489
Publication Date:
2018-01-01
Publisher:
OUP Oxford
ISBN-10:
0192510681
ISBN-13:
9780192510686
Contract law
Contracts
Professional Practice
Great Britain
Business Law
Law
Professional Career & Trade