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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Suspending Contract Performance for Breach

Suspending Contract Performance for Breach

(p.485) 19 Suspending Contract Performance for Breach
Good Faith and Fault in Contract Law

JW Carter

Oxford University Press

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

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