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McGregor on Damages 22nd ed (eBook)

Edited by: Hon Justice James Edelman, Simon Colton KC, Jason Varuhas

ISBN13: 9780414119710
To be Published: June 2024
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Special Offer: £418.50
(Usual price £465.00)


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A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law.

Features:

  • Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages
  • Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages
  • Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits
  • Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages
  • Goes through the statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, torts and human rights.

The 22nd edition contains a number of significant new features:

  • Each and every chapter of the book's chapters has been updated and many have been very substantially revised.
  • An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt".
  • Coverage of significant recent case law developments in the law of damages including: Lloyd v Google LLC [2021] UKSC 50; [2022] AC 1217 (data protection and licence fee damages) Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20; [2022] AC 783 and Meadows v Khan [2021] UKSC 21; [2022] AC 852 (scope of a defendant's duty and remoteness of damage); Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] AC 649 and Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) (causation of loss); K Line Pte Ltd v Priminds Shipping (HK) Co Ltd ("The MV Eternal Bliss") [2021] EWCA Civ 1712; [2022] 3 All ER 396 (demurrage); Henry v Attorney-General of St Lucia [2023] UKPC 41, R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin) and Oluponle v Home Office [2023] EWHC 3188 (KB) (false imprisonment); Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 and Charles B Lawrence & Associates v Intercommercial Bank Ltd [2021] UKPC 30 (remoteness of damage); E D & F Man Capital Markets Ltd v Come Harvest Holdings Ltd [2022] EWCA Civ 1704 (mitigation of loss); Attorney General of Trinidad and Tobago v JM (a minor by his kin and next friend NM) [2022] UKPC 54 (vindicatory damages); Arsalan v Rixon [2021] HCA 40; (2021) 274 CLR 606 (damage to goods); Tuke v Hood [2022] EWCA Civ 23; [2022] QB 659 (deceit); Swift v Carpenter [2020] EWCA Civ 1295; [2021] QB 339 (personal injury).
  • Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information.
  • Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States.
  • Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

Subjects:
Remedies and Damages, eBooks, Common Law Library
Contents:
1. The Meaning of Damages and Compensation at Common Law and in Equity
2. The Object of Compensatory Damages at Common Law
3. The Common Law Terminology in Compensatory Damages and in Consequential Loss Claims
4. Equitable Damages
5. Pecuniary Losses
6. Non-Pecuniary Losses
7. The General Problem of Limits
8. Reduction of Damages for Contributory Negligence
9. Causation of Damage, Scope of Duty, and Remoteness of Damage
10. Mitigation of Damage
11. Certainty of Damage, Presumptions of Damage, and Loss of Chance
12. Past and Prospective Damage
13. Nominal Damages
14. Exemplary Damages
15. Licence Fee (Negotiating or User) Damages
16. Account and Disgorgement of Profits
17. Liquidated Damages and Penalties
18. Vindicatory Damages
19. The Incidence of Taxation
20. The Awarding of Interest
21. The Effect of Changes in Value
22. Costs, Damages and Fines in Previous Proceedings
23. Undertakings as to Damages
24. Damages in Actions Surviving Death
25. The Measure of Damages in Contract Compared with Torts
26. Sale of Goods
27. Hire and Hire-Purchase of Goods
28. Sale of Land
29. Lease of Land
30. Sale of Shares and Loan of Stock
31. Contracts to Pay or to Lend Money
32. Construction Contracts
33. Contracts of Carriage
34. Contracts of Employment
35. Contracts for Professional and Other Services
36. Contracts Concerning Principal and Agent
37. Contracts of Warranty of Authority by Agent
38. Torts Affecting Goods Damage and Destruction
39. Torts Affecting Goods Misappropriation
40. Torts Affecting Land
41. Torts Causing Personal Injury
42. Torts Causing Death
43. Assault and False Imprisonment
44. Statutory Torts Discrimination, Harassment and Intentional Infliction of Harm
45. Malicious Institution of Legal Proceedings
46. Misfeasance in Public Office
47. Defamation
48. Privacy, Confidence and Private Information
49. Economic Torts and Intellectual Property Wrongs
50. Misrepresentation
51. Damages under the Human Rights Act
52. Pre-Action Conduct, the Statement of Case and Case Management to Trial
53. The Trial
54. Appeals