The Performance Of Contracts

As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Scientific and Technical Report No. 24 Performance-Based Contracts (PBC) for Improving Utilities Efficiency: Experiences and Perspectives is a compendium of articles written by members of the PBC taskforce. It focuses on new approaches without delegated management to private operator i.e. service contracts, consulting contracts, Alliance approach, public-public partnership. It also mentions new design and generation of more traditional PPPs, (MC, lease, concession), where a larger proportion of performance-based design is being applied. List of Contents: Performance Based Contracts – Setting the scene; PBC and Results Based Financing: the inverse approach; PBC and Energy Efficiency; Internal Performance Contracts: A Case of the National Water and Sewerage Corporation in Uganda; Performance-Based Service Contracts in Navi Mumbai; Financial Comparison of PBCs and Conventional Approach; Tegucigalpa PBC Case Study; Performance Based Contracts – Key Design Issues; NRW Reduction Optimization Framework; How to improve water services performance? Performance Based Contracts (PBC) and Regulatory issues; Peer-to-Peer Partnerships Operational for sustainable water services; Performance Based Contracts in Malawi: Teamwork Works; Performance based affermage contracts; Performance based Contracts, The Aroona Integrated Alliance Experience; Experience from Eastern Europe; NRW Performance Contract – Kingdom of Bahrain; The way forward and perspectives/trends

Delay in the Performance of Contractual Obligations remains the leading practitioner work on the subject and includes consideration of variations in practice in different sectors. There are many new cases reflected in this new edition. Those of particular relevance to delay in the House of Lords, Supreme Court and Privy Council include Sentinel International Ltd v Cordes (2008) on notices making time of the essence, The Achilleas (2007) on remoteness of damage, The New Flamenco (2017) on mitigation, Sempra Metals Ltd v Inland Revenue Commissioners (2007) on the award of interest on damages, White v Riverside Housing Association Ltd (2007) on rent review, and Makdessi v Cavendish Square Holdings BV (2015) on the penalty doctrine. Those in the Court of Appeal include British Overseas Bank Nominees Ltd v Analytical Properties Ltd (2015) on conditions precedent and the order of performance, The Arctic III (2016) on indemnity clauses, The Crudesky (2013) on force majeure clauses and demurrage, North Eastern Properties Ltd v Coleman (2010) and Samarenko v Dawn Hill House Ltd (2011) on notices making time of the essence, Siemens Building Technologies FE Ltd v Supershield Ltd (2010) and John Grimes Partnership Ltd v Gubbins (2012) on remoteness of damage, Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (2016) on the late payment of charterparty hire, Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2013), Urban 1 (Blonk St) v Ayres (2013) and MSC Mediterranean Shipping Co v Cottonex Anstalt (2016) on delay as a repudiatory breach, and The Sea Angel (2007) and The Mary Nour (2008) on the doctrine of frustration. The growing trend towards reliance upon the so-called prevention principle is also treated with particular reference to Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (2007), Adyard Abu Dhabi LLC v SD Marine Services (2011), and Jerram Falkus Construction Ltd v Fenice Investments Inc (2011). The book also discusses the implications of the Consumer Rights Act 2015 on delays in performance. A new chapter has been included in this edition in relation to express contractual provisions dealing with issues of delay, with special reference to construction contracts, charter parties and contracts for the sale of land.

Excerpt from The Performance of Contracts: A Summary of Conditions in Contracts and Impossibility of Performance This is a revision and enlargement of an article on Conditions in Contracts which appeared in the Columbia Law Review for March, 1907. That article was written for the purpose of assisting students to understand a troublesome part of the law of Contracts and has served that purpose well enough to make a revision desirable. In the revision various new paragraphs or "rules" on conditions in contracts have been added, and the subject of impossibility of performance has been covered, necessitating a new title. The inaccuracies found in the original article have been corrected and some matters that seemed obscure have been explained more fully. Only a brief summary of the law relating to the performance of contracts, with the minimum of citation of authorities, has been attempted. The specific performance of contracts is not included. The summary is intended to be serviceable to those only who read with care the important cases. The references to 1 W. and 2 W. are to the designated volumes of Williston's Cases on Contracts. For further explanation of this summary, the reader is referred to Note 1, post. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...that the seller informed the buyer that one of the horses had a cold on him, and that this as well as the swelled leg was apparent to every observer. The jury having found a verdict for the defendant, a rule for a new trial was moved on, on thp ground that where defects are patent, a warranty against them is inoperative. The court refused the rule, on the ground that the warranty did not apply to the time of the sale, but to a subsequent period. In Stucky v. Clyburn, Cheves, 186, a slave sold had a. hernia; this was known to the buyer. Yet it was held to be within an ex any circumstances from which an inference inconsistent with the representation might be drawn, even though in the absence of such representation they might be sufiicient to put the other party on inquiry.(z') P202 "" 4'51. Nor will it prevent the 'effect of a misrepresentation that the party making it recommended the other to consult his friends and professional advisers, for " no man can complain that another has too implicitly relied on the truth of what he has himself stated.(7c) 452. Thus where a misrepresentation is made by a vendor in respect to a lease, of the covenants in which the purchaser would by law be implied to have notice, the vendor will be equally bound by his statement as if no such implication a1'ose.(l) 453. On the same principle it was decided that where a vendor represented the house to be substantially and well built, and it proved to be the contrary, the vendor was not entitled-to specific performance, though the defendant might of course have inquired into its actual state.(m) 454. In Harris v. Kemble, (n) there was a contract conse quent upon certain misrepresentations as to the profits of a '...

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Reprint of the original, first published in 1871. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Excerpt from A Treatise on the Specific Performance of Contracts: Including Those of Public Companies The Parties to the Contract to be Parties to the Suit. - Adverse Rights. Sub-purchaser. - Alienee of Vendor. - Exceptions to General Rule. - No vation. - Reversioner. - remainderman. - Assignees in Bankruptcy. Some suing or sued on behalf of all. - avoiding Multiplicity of Suits. Where one Lot sold is involved with adjoining Lot. - Adverse claimants. - Voluntary Settlement. - Trustee and Cestui que trust. - Multifarious ness. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.