Contract Termination
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Termination For Breach Of Contract
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Author : John E. Stannard
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Termination For Breach Of Contract written by John E. Stannard and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Breach of contract categories.
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.
Contract Termination
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 1944
Contract Termination written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1944 with Defense contracts categories.
Standard Contract Termination Organization And Procedures
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Author : United States. Army. Quartermaster Corps
language : en
Publisher:
Release Date : 1945
Standard Contract Termination Organization And Procedures written by United States. Army. Quartermaster Corps and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1945 with categories.
Contractual Duties
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Author : Andrew Tettenborn
language : en
Publisher:
Release Date : 2012
Contractual Duties written by Andrew Tettenborn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Contracts categories.
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.
Contract Termination And Inventory Disposition
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Author : United States. Office of Naval Material
language : en
Publisher:
Release Date : 1958
Contract Termination And Inventory Disposition written by United States. Office of Naval Material and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with categories.
Problems Of Contract Termination
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Author : United States. Congress. Senate. Committee on Military Affairs
language : en
Publisher:
Release Date : 1943
Problems Of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1943 with Defense contracts categories.
Problems Of Contract Termination
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Author : United States. Congress. Senate. Committee on Military Affairs. Subcommittee on Contract Termination
language : en
Publisher:
Release Date : 1943
Problems Of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs. Subcommittee on Contract Termination and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1943 with Defense contracts categories.
Termination Of Construction And Design Contracts
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Author : Michael T. Callahan
language : en
Publisher: Wolters Kluwer
Release Date : 2009-01-01
Termination Of Construction And Design Contracts written by Michael T. Callahan and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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
Contract Termination And Related Post War Legislation
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Author : United States. Congress. Senate. Committee on Military Affairs
language : en
Publisher:
Release Date : 1944
Contract Termination And Related Post War Legislation written by United States. Congress. Senate. Committee on Military Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1944 with Defense contracts categories.
Preliminary Report On Contract Termination Legislation
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Author : United States. Congress. Senate. Committee on Military Affairs
language : en
Publisher:
Release Date : 1943
Preliminary Report On Contract Termination Legislation written by United States. Congress. Senate. Committee on Military Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1943 with Defense contracts categories.