基本説明
Examines cases from a wide variety of backgrounds including shipping, sales of goods, conveyancing, insurance, IT and building and construction contracts including commonwealth authorities.
Full Description
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.
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
