7.01 Until now we have generally been considering the legal diagnosis of delay – that is to say, establishing that the promisor has failed without lawful excuse to perform his or her contractual obligations on time. For the rest of the book we shall be looking at the legal remedies for delay. As Hugh Beale has pointed out,1 certain legal rights that the promisee may have – such as the right to withhold or terminate performance – are essentially remedies even though not traditionally classified as such. In the chapters which follow we shall be considering a variety...
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