Discharge of Contractual Obligations (Hardcover) (ISBN-13: 9780198906674)

Vendor: Jordan English
Product type: Books
Format: Hardcover
$130.00
$130.00
$130.00
Subtotal: $130.00
WR Book House

Discharge of Contractual Obligations

$130.00

Discharge of Contractual Obligations

$130.00
Format: Hardcover
Description
Description
x
Challenging orthodox understandings within modern contract law, Discharge of Contractual Obligations provides an innovative doctrinal, historical, and theoretical account of the discharge of contractual obligations.

This book delves into a fundamental question: under what circumstances are parties released from their contractual duties for reasons other than performance of those duties? By re-examining cases of breach, frustration, and common mistake -- three key doctrines in modern English contract law -- this monograph demonstrates how these disparate areas of contract law are in fact instances of the discharge of contractual obligations due to a failure of condition. Championing the once-dominant 'failure of condition' model in English law, a straightforward yet groundbreaking explanation for discharge is proposed: ordinarily, parties do not promise to perform 'no matter what, ' but instead make promises that depend on various explicit and implicit conditions.

Across ten comprehensive chapters, English explores the theoretical and practical implications of the modern shift to the 'power to terminate' model. Recognising that a wholesale return to the failure of condition model is improbable, the book charts a pragmatic course, illustrating how several practical issues - such as whether a party in breach can terminate due to the other party's breach - are effectively rectified by revitalising this forgotten approach.

Written by a leading academic whose contributions to private law have been referenced by courts throughout the Commonwealth - such as the England and Wales High Court (Commercial Court) and the High Court of Australia - this is an essential text for scholars and practitioners of contract law.

Author: Jordan English
ISBN-10: 0198906676
ISBN-13: 9780198906674
Publisher: Oxford University Press
Language: English
Published: 07/24/2025
Pages: 368
Format: Hardcover
By Jordan English
By Jordan English
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Jordan English, Associate Professor of Law, University of Oxford and Tutor and Fellow in Law, Magdalen College, Oxford

Jordan is an Associate Professor at the University of Oxford, Faculty of Law and a Tutor and Fellow in Law at Magdalen College, Oxford. He lectures in Contract Law and teaches, among other things, Commercial Remedies and Restitution of Unjust Enrichment. His research in private law has been cited widely, including by High Court of Australia, the Full Court of the Federal Court of Australia, and the England and Wales High Court (Commercial Court).

Prior to joining Magdalen College, Jordan was a Supernumerary Teaching Fellow in Law at St John's College Oxford. He completed his DPhil in Law and obtained a Bachelor of Civil Law from the University of Oxford and also holds a Bachelor of Laws and a Bachelor of Commerce from the University of Queensland. Before coming to Oxford Jordan worked as a solicitor in dispute resolution at an international law firm and as an Associate to Justice James Edelman at the High Court of Australia.

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