Chapter

Suspending Contract Performance for Breach

JW Carter

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0019
Suspending Contract Performance for Breach

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This chapter argues for the adoption of the possibility of suspending performance as a remedy for breach. Rather than forcing the injured party to choose between terminating the contract and keeping it alive, he should, in an appropriate case, be entitled to suspend his performance or to require an assurance that the other party will fulfil his obligation. The chapter analyses the various functions and advantages of suspension and discusses the pertaining legal rules in English and Australian law, which do not openly recognize suspension, as well as the provisions in the Convention on International Sale of Goods (the Vienna Convention) and the United States' Uniform Commercial Code and Restatement 2d Contracts.

Keywords: contract law; remedies; breach; contract; contractual performance; contractual obligations; English law; Australian law; convention; Commercial Code

Chapter.  19397 words. 

Subjects: Civil Law

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