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Termination for Breach of Contract (Hardcover, 2nd Revised edition)
Loot Price: R7,412
Discovery Miles 74 120
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Termination for Breach of Contract (Hardcover, 2nd Revised edition)
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Total price: R7,422
Discovery Miles: 74 220
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Providing a comprehensive and detailed treatment of termination as
a remedy for breach of contract, this book gives a current account
of the law and explains this complex area in a practical context.
This book is divided into four parts. The first section sets out to
analyse what is involved in termination and looks at some of the
difficulties surrounding the topic, before going on to explain the
evolution of the present law and its main principles. The second
section provides a thorough analysis of the two key topics of
breach and termination. Breach is defined in terms of a failure,
without good excuse, to perform an obligation under the contract,
and the various aspects of this definition are explained in the
light of the relevant authorities. The chapter on breach of
contract has continued to take on board the developing principles
of contractual construction, most notably in relation to the
interpretation of exemption clauses, where Supreme Court and Court
of Appeal decisions, namely Impact Funding Solutions Ltd v
Barrington Support Services Ltd and Persimmon Homes Ltd v Ove Arup
and Partners Ltd, have continued to question the extent to which
the traditional approach can be reconciled with the broader canons
of commercial construction now adopted by the courts. In the
following chapter, termination is defined in the terms of an
election by the promisee, in consequence of a breach by the
promisor, to claim discharge from his or her own primary
obligations under the contract. This process, which can also be
seen as a major contractual remedy in its own right, is
distinguished from other processes with which it has a close
relationship, most notable the right to withhold performance and
discharge under the doctrine of frustration. The controversial
decision of the Court of Appeal in MSC Mediterranean Shipping Co SA
v Cottonex Anstalt is discussed here. The third part addresses the
question when the right to terminate for breach arises. The law
gives two answers to this question - when the term broken is
classified as a 'condition' of when a 'fundamental' breach has
occurred. The nature of a 'condition' in this sense is explained,
and the criteria for identifying when a term should be classified
as such is set out. Similarly, the criteria for identifying a
fundamental breach is discussed, as is the difficult relationship
between the concepts of fundamental breach and repudiation and the
doctrine of anticipatory breach. Recent Court of Appeals decisions
are included, such as Spar Shipping AS v Grand China Logistics
Holding (Group) Co Ltd, which provides useful guidance as to the
relationship between conditions and contractual rights of
termination. The fourth and final section considers the
consequences of the promisee's election whether to terminate. In
this section the legal effects of termination with regard to the
obligations and remedies available to the promisee and the
promisor, and also its effect on the application of other terms in
the contract such as exemption clauses, are analysed. The measure
of damages available to the promisee following termination, most
notable damages 'on the footing of repudiation' or damages for
'loss of the bargain' is also considered here alongside other
general principles governing damages in this context. The position
on damages in The Golden Victory has been extended further by Bunge
SA v Nidera BV as discussed in Chapter 10. Similarly the
examination of the Court of Appeal decision in The New Flamenco
provides additional authority on mitigation to damages. Principles
relating to restitution recovery are re-examined by reference to
three major Supreme Court cases on unjust enrichment: Benedetti v
Sawiris; Memelaou v Bank of Cyprus UK Ltd; and Investment Trust
Companies v Revenue and Customs Commissioners.
General
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