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Vol 23 No 5 May/June 2018

Book of the Month

Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Commercial Litigation: Damages and Other Remedies for Breach of Contract 2nd ed isbn 9781854187482

Commercial Litigation: Damages and Other Remedies for Breach of Contract

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ISBN13: 9781854183972
ISBN: 1854183974
New Edition ISBN: 9781854187482
Previous Edition ISBN: 1854182269
Published: December 2005
Publisher: Thorogood Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

This valuable report has been completely updated since it first appeared in 2002 (Damages and Other Remedies for Breach of Commercial Contract). It includes accounts of all the most recent important cases and highlights significant changes in the way that the courts now assess damages.

It sets out a systematic approach for assessing the remedies available for various types of breach of contract, what the remedies mean in terms of compensation and how the compensation is calculated.

It examines the most recent case law as well as classic earlier cases and explores the issues involved, in particular the defences.

The report provides numerous examples of effective drafting of terms controlling and limiting remedies - as well as illustrating the type of poor drafting to be avoided.

Plus helpful tables, figures and calculations and a search analysis of the mathematical and financial implications of awarded damages.

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Contract Law
1. The starting point for calculations
A comparison of different remedies available for breach of contract
Selecting the appropriate remedy
The remedy of Quantum Meruit
Damages versus debt
Contract or tort?
Damages: the basic principles of assessment
The rules of remoteness
Remoteness of damages
Putting together several different heads of claim
Damages for mental distress
Interest and financing charges
What is 'consequential loss, or damage'
how does it relate to the principles already set out?
2. The measurement of damages
Putting figures to the claim
The rule against double counting
Taxation and 'double counting'
Double counting and the recouping of loss
The rules about mitigation of loss
3. Special cases involving damages
Damages for loss of a chance
Chances of earning or of profitability
Contributory negligence and the measurement of damages
Drafting terms to control remedies
The Unfair Contract Terms Act 1977
Liquidated damages
Clauses about currency and interest
The breach date rule
Summarizing the principles applicable to a claim for damages
4. Other remedies for breach of contract
The remedies
The declaratory judgment
Retention of a deposit
Specific performance and specific deliver
the remedy of rectification
Indemnities: what is their purpose?
List of cases cited
List of statutes and other enactments mentioned in this report
5. Appendix 1 - The Millennium Dome case
6. Appendix 2 - List of cases