Challenging orthodox understandings within modern contract law,
_Discharge of Contractual Obligations_ provides an innovative
doctrinal, historical, and theoretical account of the discharge of
contractual obligations.
This book delves into a fundamental question: under what circumstances
are parties released from their contractual duties for reasons other
than performance of those duties? By re-examining cases of breach,
frustration, and common mistake — three key doctrines in modern
English contract law — this monograph demonstrates how these
disparate areas of contract law are in fact instances of the discharge
of contractual obligations due to a failure of condition. Championing
the once-dominant 'failure of condition' model in English law, a
straightforward yet groundbreaking explanation for discharge is
proposed: ordinarily, parties do not promise to perform 'no matter
what,' but instead make promises that depend on various explicit and
implicit conditions.
Across ten comprehensive chapters, English explores the theoretical
and practical implications of the modern shift to the 'power to
terminate' model. Recognising that a wholesale return to the failure
of condition model is improbable, the book charts a pragmatic course,
illustrating how several practical issues - such as whether a party in
breach can terminate due to the other party's breach - are effectively
rectified by revitalising this forgotten approach.
Written by a leading academic whose contributions to private law have
been referenced by courts throughout the Commonwealth - such as the
England and Wales High Court (Commercial Court) and the High Court of
Australia - this is an essential text for scholars and practitioners
of contract law.
Les mer
Produktdetaljer
ISBN
9780198906698
Publisert
2025
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter