John Stannard - Böcker

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.

Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context.This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities.The chapter on breach of contract has continued to take on board the developing principles of contractual construction, most notably in relation to the interpretation of exemption clauses, where Supreme Court and Court of Appeal decisions, namely Impact Funding Solutions Ltd v Barrington Support Services Ltd and Persimmon Homes Ltd v Ove Arup and Partners Ltd, have continued to question the extent to which the traditional approach can be reconciled with the broader canons of commercial construction now adopted by the courts. In the following chapter, termination is defined in the terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notable the right to withhold performance and discharge under the doctrine of frustration. The controversial decision of the Court of Appeal in MSC Mediterranean Shipping Co SA v Cottonex Anstalt is discussed here.The third part addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' of when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. Recent Court of Appeals decisions are included, such as Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd, which provides useful guidance as to the relationship between conditions and contractual rights of termination. The fourth and final section considers the consequences of the promisee's election whether to terminate. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notable damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The position on damages in The Golden Victory has been extended further by Bunge SA v Nidera BV as discussed in Chapter 10. Similarly the examination of the Court of Appeal decision in The New Flamenco provides additional authority on mitigation to damages. Principles relating to restitution recovery are re-examined by reference to three major Supreme Court cases on unjust enrichment: Benedetti v Sawiris; Memelaou v Bank of Cyprus UK Ltd; and Investment Trust Companies v Revenue and Customs Commissioners.

Containing invaluable insights from the original director of the National Literary Strategy (NLS) and its director of training, this book provides the only systematic exploration of the reform programme.A vital introduction and critical appraisal for pracititioners and students, The Literacy Game examines the origins, evolution and impact of the NLS, and provides a fully comprehensive contribution to the teaching of literacy and the management of educational change. This illuminating text:sets out the political background and context to literacy education in England over a decade from 1996 to 2006explains and appraises the rationale and design underpinning the NLS, thereby rebutting some of the folk-lore that has built up around itprovides an example of the principles and practices of large-scale system changelinks the NLS to wider global research on system change and educational reformevaluates the contribution of the NLS in advancing knowledge of the literacy curriculum in English and the development of pedagogy as a wholeconsiders the impact and consequences of the NLS on standards of literacy.The Literacy Game is an enlightening book which will appeal to all policy makers and academics who are keen to know what did and did not work in the NLS and why.

Containing invaluable insights from the original director of the National Literary Strategy (NLS) and its director of training, this book provides the only systematic exploration of the reform programme.A vital introduction and critical appraisal for pracititioners and students, The Literacy Game examines the origins, evolution and impact of the NLS, and provides a fully comprehensive contribution to the teaching of literacy and the management of educational change. This illuminating text:sets out the political background and context to literacy education in England over a decade from 1996 to 2006explains and appraises the rationale and design underpinning the NLS, thereby rebutting some of the folk-lore that has built up around itprovides an example of the principles and practices of large-scale system changelinks the NLS to wider global research on system change and educational reformevaluates the contribution of the NLS in advancing knowledge of the literacy curriculum in English and the development of pedagogy as a wholeconsiders the impact and consequences of the NLS on standards of literacy.The Literacy Game is an enlightening book which will appeal to all policy makers and academics who are keen to know what did and did not work in the NLS and why.

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law’s response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.