The Law of Contract Damages: Second Edition

ISBN-13: 9781509915842 / Angielski / Twarda / 2017 / 696 str.

Adam Kramer

Opis

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to take account of over 150 recent decisions.To aid understanding and practicality of use, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits.The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

Spis treści

PART I: INTRODUCTION 1. A Brief Introduction to the Contract Damages Award PART II: TYPES OF COMPLAINT 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair) 5. Refusal/Failure to Accept Goods, Services or Other Performance 6. Temporary Loss of Use of the Claimant’s Property 7. Loss of Use of Money, Including Obligations to Pay 8. Claims by a Tenant, Charterer or Hirer 9. Warranties and Indemnities 10. Negative Covenants PART III: FACTUAL CAUSATION AND ACTUAL LOSS 11. Introduction to Factual Causation 12. The Breach Position: Proving What Actually Happened and Will Happen 13. The Non-Breach Position: Proving What Would Have Happened but for the Breach PART IV: LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION 14. Remoteness and Scope of Duty 15. Legal Causation and Mitigation and the Breach Position 16. Intervening and Mitigatory Acts and Events by Category 17. The Date of Assessment PART V: PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION 18. Proving Business Loss: Revenue, Profit and Costs 19. Non-Pecuniary Loss 20. Indemnity for Liability to Third Parties and Compensation for Litigation Costs PART VI: OTHER MATTERS 21. Third Parties and Loss 22. Wrotham Park Hypothetical Bargain Damages 23. Non-Compensatory Damages 24. Concurrent Claims