Delay in the Performance of Contractual Obligations (2nd Edition)
John Stannard
Published:
2018
Online ISBN:
9780191834349
Print ISBN:
9780198792321
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Delay in the Performance of Contractual Obligations (2nd Edition)
John Stannard
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John E Stannard
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3–22
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Published:
February 2018
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Stannard, John E, 'The Proper Time for Performance', Delay in the Performance of Contractual Obligations, 2nd Edition (2018; online edn, Oxford Academic), https://doi.org/10.1093/law/9780198792321.003.0001, accessed 11 Aug. 2024.
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Delay can be defined in various ways,1 but a useful starting point is Cable (William) Ltd v Trainor,2 where the New Zealand Court of Appeal had to define the word in the context of the statute of limitations.3 In the words of Shorland J:4
The dictionary meaning of the noun ‘delay’ is ‘the putting off’ or ‘the deferring’. These latter words, in our opinion, in their ordinary meaning connote postponement of performance of some act or step beyond the point of time when the act or step should have been performed.
In the contractual context this means the postponement of performance beyond the point of time when the obligation in question should have been performed.5 So the first question is whether the proper time for performance has passed.
1 In the present context we are mainly concerned with delay as a noun. However, it can also be used as an intransitive verb (to delay in the sense of dally or procrastinate) and as a transitive verb (to delay in the sense of to hinder or postpone): Mareva Navigation Co Ltd v Canaria Armadora SA (The Mareva AS) [1977] 1 Lloyd’s Rep 368 at 383 (Kerr J); Nippon Yusen Kaisha Ltd v Scindia Steam Navigation Co Ltd (The Jalagouri) [2000] 1 Lloyd’s Rep 515 at 516 (Rix J).
Subject
Company and Commercial Law
Collection: International Commercial Law
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