Contract Law – Review of Retention: consultation

Questions

1. Would the statutory scheme set out above address the concerns about the law of retention? Please give your reasons.

2. Do you think there are any components missing from the scheme? Please give your reasons.

3. Do you think any of the components listed should not feature in the scheme? Please give your reasons.

4. Do you have any general comments on the proposed scheme?

5. In relation to provision 15(f) above do you consider that the non-trivial adverse effect requirement is necessary? Please give your reasons.

6. Do you have any concerns about a statutory statement of the law of retention given the general approach of the SLC not to recommend a general statutory statement of the law of remedies for breach of contract? Please give your reasons.

7. Do you have any views on whether retention should be available in response to an anticipatory refusal to perform?

8. Do you have any views on whether these provisions should be made in primary or secondary legislation? If you think these provisions should be made by way of secondary legislation, do you have a view on which piece of primary legislation may enable Ministers to make such changes?