Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Commercial Litigation: Damages and Other Remedies for Breach of Contract 2nd ed

Image not available lge

ISBN13: 9781854187482
Previous Edition ISBN: 1854183974
Published: May 2011
Publisher: Thorogood Publishing Ltd
Country of Publication: UK
Format: Paperback, A4
Price: £145.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This valuable report has been completely updated since it first appeared in 2002: 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 also examines 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 for controlling and limiting remedies - as well as illustrating the type of poor drafting to be avoided. Plus it also includes helpful tables, figures and calculations and a search analysis of the mathematical and financial implications of awarded damages.

Image not available lge
Subjects:
Commercial Law, Courts and Procedure
Contents:
1. Introduction
Contract breach and remedy
Contract or tort

2. Alternatives to litigation for breach of contract
Contractual alternatives to litigation
Procedural alternatives to litigation

3. Basic principles
Repudiatory breach
Anticipatory breach
Risks for the innocent party
Contractual right of termination
Basis for damages
Objective of damages
Loss or damage suffered
Causation
Public policy
Limitation
Foreseeability of loss
Expectation loss
Reliance loss

4. Measuring damages
Compensation as if the contract had been performed
Intervening events
Consequential loss or damage
Time for assessment
The rule against double counting
Foreign currency
Deposits and part payments
Liquidated damages
Mitigation
Contributory negligence

5. Specific kinds of awards
Loss of a chance
Disappointment or mental distress
Loss of amenity

6. Other remedies
Claim for an agreed sum
Restitution
Equitable remedies
Specific performance
Injunctions
Rescission
Rectification
Declaratory judgment
Account of profits