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Vol 21 No 10 Oct/Nov 2016

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The Law of Contract Damages


ISBN13: 9781849464079
Published: April 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date.

Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles. To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property), rather than by the more traditional subject-matter specialisms (eg sale of goods, charterparties, surveyor’s negligence).

Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost profits.

Subjects:
Contract Law, Remedies and Damages
Contents:
PART 1: INTRODUCTION
Chapter 1. A Brief Introduction to the Contract Damages Award

PART 2: TYPES OF COMPLAINT
Chapter 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply
Chapter 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement
Chapter 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair)
Chapter 5. Refusal/Failure to Accept Performance
Chapter 7. Loss of Use of Money, Including Obligations to Pay
Chapter 8. Claims by a Tenant or Hirer
Chapter 9. Warranties and Indemnities
Chapter 10. Negative Covenants

PART 3: FACTUAL CAUSATION AND ACTUAL LOSS
Chapter 11. Introduction to Factual Causation
Chapter 12. The Breach Position: Proving What Actually Happened
Chapter 13. The Non-Breach Position: Proving What Would Have Happened but for the Breach

PART 4: LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION
Chapter 14. Remoteness and Scope of Duty
Chapter 15. Legal Causation and Mitigation and the Breach Position
Chapter 16. Intervening Acts and Events by Category
Chapter 17. The Date of Assessment

PART 5: PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION
Chapter 18. Proving Business Loss: Revenue, Profit and Costs
Chapter 19. Non-Pecuniary Loss
Chapter 20. Indemnity for Liability to Third Parties and Compensation for Litigation Costs

PART 6: OTHER MATTERS
Chapter 21. Third Parties and Loss
Chapter 22. Wrotham Park Hypothetical Bargain Damages
Chapter 23. Non-Compensatory Damages
Chapter 24. Concurrent Claims
Index.