Delay in the Performance of Contractual Obligations

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9780199282654: Delay in the Performance of Contractual Obligations

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.

The first part of the book contains 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 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.

Delay in the Performance of Contractual Obligations elucidates 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.

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About the Author:


John Stannard is a graduate of Oxford University. From 1974 to 1976 he was a lecturer at the University of Aberdeen, and has been on the staff of Queen's University since 1977. He is a member of the Society of Legal Scholars, of the Irish Legal History Society and of the Institute of Teaching and Learning. He is also Past President of the Irish Association of Law Teachers.

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Review of the first edition: Dr Stannard has ... given us a first-class comprehensive treatment of the subject ... [His] treatise combines scholarship with a good 'feel' for the issues that practitioners want and need to find discussed. It is a worthy companion to other works that deal with important subjects within the broader area of contractual law such as Carter, Breach of Contract Law, Lewison, The Interpretation of Contracts, and Tolhurst, The Assignment of Contractual Rights. Dr Stannard's book should have a place on the shelves of all commercial lawyers. * (2008) 24 Journal of Contract Law 287 *

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