ABSTRACT

So far in this bookwehave focused onhowcontracts aremade andperformed.Wehave lookedathowthe courts and legislaturehave sought to regulatewhat is includedwithin the contract as well as what ought to be excluded from it. In this final substantive section, we will look at the issue of what happens when things go wrong. We will consider what constitutes a breach of contract and the remedies which flow from it. In the final chapter on dispute resolution, we will review the different methods and processes of dispute resolution which the parties can invoke when they need the help of a third party to resolve their disagreement. It is worthy of note that most books on contract do not actually include a chapter on dispute resolution processes. In this book the decision has been made to incorporate one because, in the lived world of contract, the advice that lawyers give to a client will be very dependent on the channel through which the dispute is likely to be resolved. Moreover, in the commercial sector, the number of dispute resolution procedures is burgeoning and preference for one form of dispute resolution over another is one of the vital terms which should be included in the contract at formation stage.