Discharge of Contractual Obligations by Jordan English | 2025*

Discharge of Contractual Obligations by Jordan English

• Challenging traditional perspectives in modern contract law, this monograph presents an innovative examination—doctrinally, historically, and theoretically—of the circumstances under which contractual obligations to perform may be discharged.
• It brings together various forms of discharge in a single volume, providing fresh insights into the interrelations between breach, frustration, and common mistake.
  The book also explores less commonly discussed topics in typical contract law texts, such as the 'waiver of conditions', drawing on original research to deliver a comprehensive analysis.
• Authored by a leading private law scholar whose work has been referenced by courts across the Commonwealth.

Discharge of Contractual Obligations reconsiders traditional interpretations of modern contract law by offering a fresh doctrinal, historical, and theoretical perspective on how contractual duties come to an end.

The book tackles a key question: when can parties be released from their contractual commitments for reasons other than fulfilling them? By revisiting breach, frustration, and common mistake—three core doctrines in English contract law—it reveals how these seemingly separate areas are unified under the broader principle of discharge due to a failure of condition. Reviving the once-prevailing "failure of condition" framework, the book proposes a compelling yet accessible idea: parties typically do not promise to perform under all circumstances, but rather under certain express or implied conditions.

Over the course of ten in-depth chapters, English examines both the conceptual and practical effects of the shift toward the modern "power to terminate" model. While acknowledging that a full return to the failure of condition theory is unlikely, the book lays out a realistic path forward, showing how many practical challenges—such as mutual breaches and rights to terminate—can be more coherently addressed by re-engaging with this underappreciated doctrine.

Authored by a prominent private law scholar whose work has been cited by high-level courts including the England and Wales High Court (Commercial Court) and the High Court of Australia, this book is an indispensable resource for contract law academics and legal professionals alike.

Contents of Discharge of Contractual Obligations

1:Introduction
2:Promissory Conditions
3:The Substantial-Benefit Condition
4:Waiver of Conditions I—Election and Estoppel
5:Waiver of Conditions II—Prevention and Repudiation
6:Frustration
7:Common Mistake
8:Anticipatory Breach
9:Restitution for Failure of Condition
10:Conclusion

About The Author:

Jordan English is an Associate Professor of Law at the University of Oxford and serves as a Tutor and Fellow in Law at Magdalen College. He lectures on Contract Law and also teaches subjects such as Commercial Remedies and the Restitution of Unjust Enrichment. His work in private law has received wide recognition, with citations from courts including the High Court of Australia, the Full Court of the Federal Court of Australia, and the Commercial Court of the High Court of England and Wales.

Before his current role at Magdalen College, Jordan held a Supernumerary Teaching Fellowship in Law at St John’s College, Oxford. He earned his DPhil and Bachelor of Civil Law from Oxford, following undergraduate degrees in Law and Commerce from the University of Queensland. Prior to his academic career, Jordan practiced as a solicitor in dispute resolution at an international law firm and served as Associate to Justice James Edelman at the High Court of Australia.