Part II Performance of the Obligation, 6 The Effect of Failure to Perform on Time

6.01 Where there has been a delay in performance, the promisee will generally want to know what can be done about it. There are many different remedies for delay, and these will be considered in more detail in the third part of the book, but the availability of any particular remedy will depend on how the delay is categorised in legal terms. Thus for instance, where delay amounts to a breach of contract, the promisee will always be able to recover damages, but there will be no right to terminate performance unless the breach is a sufficiently serious one....