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Delay in the Performance of Contractual Obligations, 2nd Edition by Stannard, John (8th February 2018)

11 Termination

John E. Stannard

From: Delay in the Performance of Contractual Obligations (2nd Edition)

John Stannard

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2020

11.01 Where the delay has been sufficiently serious, the promisee may seek, in broad terms, to ‘terminate the contract’ or to treat it as at an end. This situation is categorised in different ways depending on whether the promisor was legally responsible for the delay. If the delay was the fault of the promisor, it is a case of discharge by breach.1 If not, it is a case of discharge by frustration.2 Of course, frustration is not, strictly speaking, a remedy at all; unlike discharge by breach and the other remedies we have been considering, it does not involve any...
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