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Carter’s Breach of Contract e2

Carter’s Breach of Contract e2

By J W Carter

Carter’s Breach of Contract provides comprehensive guidance on the proof and consequences of breach, through detailed discussion and analysis of primary sources from the United Kingdom, Australia, New Zealand, Singapore and other common law jurisdictions. It is the leading text in the Commonwealth on the law of breach of contract, being regularly cited by the courts.

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  • Full description

    Carter’s Breach of Contract provides comprehensive guidance on the proof and consequences of breach, through detailed discussion and analysis of primary sources from the United Kingdom, Australia, New Zealand, Singapore and other common law jurisdictions. It is the leading text in the Commonwealth on the law of breach of contract, being regularly cited by the courts. The second edition is extensively revised and updated, including discussion of the impact of the following recent decisions:

    • ENE Kos 1 Ltd v Petroleo Brasileiro SA (The Kos) (No 2) [2012] (indemnity clauses) 
    • Geys v Société Générale London Branch [2013] (repudiation of employment contracts) 
    • Bunge SA v Nidera BV (formerly Nidera Handelscompagnie BV) [2015] (damages following termination for repudiation)
    • Montgomery v Lanarkshire Health Board [2015] (application of the Bolam test) 
    • Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (The Spar Capella)[2016] (contrast between express termination rights and common law rights to terminate)
    • Urban 1 (Blonk Street) Ltd v Ayres [2014] (analysis of notices to complete)
    • Paciocco v Australia and New Zealand Banking Group Ltd (2016) and Cavendish Square Holding BV v Makdessi [2016] (doctrine of penalties)
    • Electricity Generation Corporation v Woodside Energy Ltd (2014) (standard of duty applicable under a reasonable endeavours obligation).


    Statutory developments taken into account include the Consumer Rights Act 2015 (UK), the Insurance Act 2015 (UK) and the Contract and Commercial Law Act 2017 (NZ).

    Comments on First Edition:

    ‘This is a substantial and well-organised work. The complex Anglo-Australian rules and doctrines on this topic are presented in a scientific, accessible, detailed, and comprehensive manner.’

    (Neil Andrews, book review [2013] CLJ 214)

    ‘… the work which everyone turns to whenever an issue relating to breach of contract arises’

    (Andrew Phang and Goh Yihan (2017) 34 JCL 100 at 117)

    ‘… seminal treatise on breach of contract … the leading work on this important area of the law of contract in the Commonwealth’

    (The ‘STX Mumbai’ [2016]).

     

    Features:

    • Authoritative discussion 
    • Comprehensive guidance
    • Extensive bibliography 
    • Detailed index
  • About the author

    John Carter is Emeritus Professor, University of Sydney and a consultant at Herbert Smith Freehills. He is also general editor of the Journal of Contract Law and a Fellow of the Australian Academy of Law.

     

  • Product details

    ISBN: 9780409348354

    Published: 2019

    Format: Hardcover

  • Table of contents

    Part I — Proof of Breach and Bases For a Right to Terminate

    1. Introduction 
    2. Failure to Perform 
    3. Bases for a Right to Terminate


    Part II — Breach of Contractual Terms

    4. Types of Contractual Terms 
    5. Breach of Condition 
    6. Breach of Terms Other than Conditions


    PART III — Repudiation and Anticipatory Breach

    7. General Principles of Repudiation and Anticipatory Breach
    8. Repudiation and Anticipatory Breach Based on Words or Conduct
    9. Repudiation and Anticipatory Breach Based on an Inability to Perform


    Part IV —Election

    10. Exercise of the Right to Terminate 
    11. Continuation of Performance and Revival of the Right to Terminate


    Part V — The Consequences of Termination

    12. General Principles and Enforcement of Terms 
    13. Claims for Damages, Performance and Restitution

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