Termination For Breach Of Contract PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Termination For Breach Of Contract PDF full book. Access full book title Termination For Breach Of Contract.
Author | : Michael T. Callahan |
Publisher | : Wolters Kluwer |
Total Pages | : 526 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 0735581770 |
Download Termination of Construction and Design Contracts Book in PDF, ePub and Kindle
Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties
Author | : John E. Stannard |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Breach of contract |
ISBN | : 9780199695973 |
Download Termination for Breach of Contract Book in PDF, ePub and Kindle
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. The 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. In the following chapter in the section, termination is defined in 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 notably the right to withhold performance and discharge under the doctrine of frustration. The third section 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' or 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. The fourth and final section considers the consequences of the promisee's election whether to terminate or not. 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 notably 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 final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.
Author | : Andrew Tettenborn |
Publisher | : |
Total Pages | : 760 |
Release | : 2012 |
Genre | : Contracts |
ISBN | : 9780414025561 |
Download Contractual Duties Book in PDF, ePub and Kindle
This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.
Author | : Yvonne Baatz |
Publisher | : |
Total Pages | : |
Release | : 2012 |
Genre | : Breach of contract |
ISBN | : |
Download Remedies for Breach of Contract. Termination and Damages for Breach Book in PDF, ePub and Kindle
Author | : Bashayer Al-Mukhaizeem |
Publisher | : |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Law |
ISBN | : 9781003466130 |
Download Contract Termination in International and Domestic Trade Book in PDF, ePub and Kindle
"This book highlights the right to terminate the contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade. In the modern landscape of globalised trade, the imperative for a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood, and abided by globally. This book focuses on the termination of contracts; one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches of the seller, dealt with in this book, are confined to breaches of: contractual description, delivery time, and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating the contractual termination by CISG, as a transnational law, as well as the Sale of Goods Act 1979 (SGA), and Kuwaiti Law (KLaw), both of which are national laws of Non-Contracting States of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find out the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing up the pros and cons of each system. The book will be of interest to practitioners, students, and scholars in the field of contract law, trade law, commercial law and international law"--
Author | : Solène Rowan |
Publisher | : Oxford University Press on Demand |
Total Pages | : 292 |
Release | : 2012-01-26 |
Genre | : Law |
ISBN | : 0199606609 |
Download Remedies for Breach of Contract Book in PDF, ePub and Kindle
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author | : Mo Zhang |
Publisher | : BRILL |
Total Pages | : 495 |
Release | : 2019-12-16 |
Genre | : Law |
ISBN | : 9004414789 |
Download Chinese Contract Law - Theory & Practice, Second Edition Book in PDF, ePub and Kindle
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Author | : Neil Andrews |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Contracts |
ISBN | : 9780414078581 |
Download Contractual Duties Book in PDF, ePub and Kindle
Author | : Graham Virgo |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2017-08-24 |
Genre | : Law |
ISBN | : 1316764559 |
Download Commercial Remedies: Resolving Controversies Book in PDF, ePub and Kindle
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Author | : Mohammed M. Gomaa |
Publisher | : BRILL |
Total Pages | : 221 |
Release | : 2023-10-09 |
Genre | : Law |
ISBN | : 9004641939 |
Download Suspension or Termination of Treaties on Grounds of Breach Book in PDF, ePub and Kindle
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.