Termination for Breach of Contract
Publisher: Oxford University Press
Authors: John Stannard & David Capper
Edition: 1st Edition (March 2014)
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The authors interestingly say in their preface that the origins of Termination for Breach of Contract came from a PhD thesis submitted in 1989. An aim of the thesis was to try and bring some clarity to an area of law which is of immense importance. In the twenty-five years which have passed since that thesis was submitted, this notoriously and difficult subject matter (which is significantly important for practitioners and any commercial business) has not become much clearer. Commercial lawyers will therefore welcome with open arms this accessible and clear account of the law dealing with termination for breach of contract.
Written by two experienced academics, Termination for Breach of Contract is split into four parts: introduction (with chapters on: the nature of termination; and the genesis of termination); breach and termination (with chapters on: breach of contract; and the process of termination); the right to terminate (with chapters on: breach of condition; fundamental breach; repudiation and anticipatory breach; and express right of termination); and termination and affirmation (with chapters on: discharge of primary obligations; damages on termination; restitutionary relief; and the consequences of affirmation).
The first thing which strikes you when reading Termination for Breach of Contract is just how practically written it is. While there is no doubt that it provides a detailed and thorough account of the law, the material is also logically laid out and accessible for even the most busy practitioner. It is also one of those texts which encourages the reader to really think about any issue they may be advising on (or dealing with). For example, when discussing termination for breach of contract the authors (rightly) remind the reader that termination for breach of contract does not apply to unilateral rights like those granted to one party under an option.
If you are a commercial disputes lawyer or a commercial lawyer, or have an interest in the law of termination for breach of contract, you should certainly invest in a copy of Termination for Breach of Contract. It is well-researched, accessible and authoritative. It provides an excellent analysis of the law without going into too much detail (which can sometimes be an issue for texts written by academics and for the academic market) meaning it achieves its aim of explaining the law clearly and simply for academics or non-specialist practitioners. It is also relatively well-priced (certainly for practitioners). I have no doubt that it will be a text that I keep close to hand and will consult on a regular basis.
Reviewed on 8 June 2014
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