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Contents
- Preliminary Material
- Main Text
- Part I The Obligation to Perform On Time
- 1 The Proper Time for Performance
- Preliminary Material
- 1.01
- 1.02
- 1.03
- A Where a Time is Set by the Contract
- B Where the Contract is Silent as to Time
- 1.11
- (1) Reasonable time at common law and by statute
- (2) What constitutes a reasonable time?
- 1.16
- (a) Factors in existence when the contract was made
- (b) Circumstances subsequent to the contract
- C Performance Due on Demand
- D Unilateral Obligations
- 2 The Importance of Timely Performance
- Preliminary Material
- 2.01
- 2.02
- A Time of the Essence and its Meaning
- B Time of the Essence at Common Law and in Equity
- 2.13
- (1) Time of the essence at common law
- (2) Time of the essence in equity
- (3) Common law and equity compared
- C When is Time of the Essence?
- 3 Performance Due on a Contingency
- 1 The Proper Time for Performance
- Part II Performance of the Obligation
- 4 The Obligation and its Performance
- 5 Excuses for Failure to Perform on Time
- Preliminary Material
- 5.01
- A Exclusions and Exceptions
- 5.02
- (1) Varieties of exclusion clause
- (2) Incorporation of exclusion clauses into contract
- (3) Rules of construction
- (4) Statutory controls
- B Consent of Promisee
- C Prevention by Promisee
- D Supervening Events
- 6 The Effect of Failure to Perform on Time
- Part III Remedies for Delay
- 8 Notices Making Time of The Essence
- 9 Damages For Delay
- Preliminary Material
- 9.01
- 9.02
- A Some Preliminary Distinctions
- B Causation
- C Remoteness of Damage
- D Mitigation
- E Measure of Damages
- F Damages in Particular Contexts
- G Recovery or Forfeiture of Liquidated Sum
- 10 Withholding Performance
- 11 Termination
- Preliminary Material
- 11.01
- 11.02
- 11.03
- A Termination where Time is of the Essence
- 11.04
- (1) Some preliminary points
- (2) Time made expressly of the essence
- (3) Time made of the essence by implication
- 11.25
- (a) Time made of the essence by implication of fact
- (b) Time of the essence by implication of law
- (c) Consumer sales contracts
- (4) Relief against forfeiture
- B Termination where Time is not of the Essence
- 12 Frustrating Delay
- Preliminary Material
- 12.01
- A Preliminary Distinctions
- B What Amounts to a Frustrating Delay?
- C The Legal Effect of Frustrating Delay
- 13 Express Contractual Provisions
- Preliminary Material
- 13.01
- 13.02
- 13.03
- 13.04
- A Common Types of Contract
- B Effect of Express Provisions
- Part I The Obligation to Perform On Time
- Further Material
