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Damages for Breach of Contract 2nd ed (eBook)


ISBN13: 9780414110892
Published: November 2022
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £235.00
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This new work on Damages for Breach of Contract, written by Remedies Law leading expert, Professor Katy Barnett, provides authoritative and practical guidance on the nature, extent and limitations of damages individuals and companies can claim in the event of breach of contract.

The book deals primarily with English law, but also considers other jurisdictions (such as Australia and Singapore) when relevant. Clearly setting out what the law is, this new title is written with practitioners in mind. It will also be of real value to students and academics as it considers some of the theoretical debates surrounding this topic.

Features of the book include:

Consequences of breach of contract:

  • Considers how to measure and understand the concept of expectation loss
  • Deals with specific topics of interest to practitioners, such as: Breach of sale of goods contract: considering non delivery; failure to take delivery; delay; supply of defective good; Failure to build or repair property as promised: when would ‘cost of cure’ be available; Failure to provide services as promised; Loss of chance and loss of opportunity
  • Provides guidance on measuring reliance loss (or ‘wasted expenditure’)
  • Outlines best approach to negotiating damages in light of recent case law
  • Discusses situations where non-pecuniary loss may be awarded
  • Looks at accounts of profits
  • Considers other kinds of awards (nominal, exemplary and actions for debt)

Attribution of Responsibility:

  • Considers causation and how it operates as a limit to the availability of damages
  • Remoteness of damage and the rule in Hadley and Baxendale
  • Explains fully how mitigation operates via the avoidable and avoided loss rule

Limitation and Exclusion of Liability

  • Discusses how damages can be stipulated in a contract and how that ability can be impinged upon (rule against penalties and statutory prohibitions)
  • Considers clauses which exclude or limit liability

In addition, a number of topics of interest to practitioners will be discussed:

  • Breach of warranties, for example, warranties of authority, quality and reasonable care in the context of share purchase agreements
  • Guidance on pleading and proving loss, including an explanation of the fair wind principle established in Armorie v Delamirie (1772) Damages for breaches of dispute resolution clauses such as arbitration and exclusive jurisdiction clauses and confidentiality agreements.
  • Damages relating to liabilities to third parties resulting from the breach of contract. For example, damages for the cost of litigation against the third party or defendant, damages for liability of claimant to its buyer, damages for settlement of claimant with third party, etc.
  • The principle of transferred loss (considered fairly recently in Lowick Rose LLP v Swynson Ltd [2017] UKSC 32).

Series: Contract Law Library

£245.00
(ProView)
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Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
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Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
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Illegality and Public Policy 5th ed ISBN 9780414078482
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Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
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Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
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Sweet & Maxwell Ltd
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Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
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Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
Published November 2019
Sweet & Maxwell Ltd
Out of print
Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
Published December 2018
Sweet & Maxwell Ltd
Out of print
Illegality and Public Policy 4th ed ISBN 9780414059443
Published March 2017
Sweet & Maxwell Ltd
Out of print
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
Out of print
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
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Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
£269.00
£269.00
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Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print
Publication Abandoned
Publication Abandoned