8.01 Even where specific relief is not available in a case of delay, there are other ways in which the promisor may be induced to mend matters. The most obvious way of doing this is to threaten to cancel the contract if defaults are not remedied by a certain deadline. In effect, the promisor is put in the ‘last chance saloon’. Such a procedure is often provided for by the express terms of the contract,1 and there are certain statutory contexts in which it is an essential prelude to termination,2 but as we shall see it is still a moot point whether and to what...
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