Damages for Breach of Contract, 3rd edition

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. Clearly setting out what the law is, this new edition is written with practitioners in mind, but will also be of value to students and academics as it considers some of the theoretical debates surrounding this topic.

The book is divided into three parts and each chapter within those parts offers a clear structure and summary of key issues courts and parties should consider:

• Consequences of breach of contract: Considers how to measure and understand the concept of expectation loss; provides guidance on measuring reliance loss (or ‘wasted expenditure’); outlines best approach to negotiating damages; 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 v Baxendale; and 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 are addressed:

• Breach of warranties (eg 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
• Damages for breaches of dispute resolution clauses such as arbitration and exclusive jurisdiction clauses and confidentiality agreements
• The principle of transferred loss

This new edition has been fully updated to take account of important case law developments.