Contract Law Tort / Personal Injury Law

Kramer: The Law of Contract Damages

By Adam Kramer KC
Sweet & Maxwell U.K. October 2025

Specifications

ISBN-13
9780414130050
Publisher
Sweet & Maxwell U.K.
Publication
October 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Written by a leading commercial barrister and academic, this acclaimed book provides authoritative and insightful analysis of damages for breach of contract, and is an essential resource for practitioners and scholars in the field of commercial law and dispute resolution.

Table of Contents

Part I: Introduction
1.
A Brief Introduction to the Contract Damages Award

Part II: Types of Complaint
2.
Pure Services: Non-Supply/Defective Supply
3.
Misadvice (Especially Professional Negligence) and Contractual Misstatement
4.
Property Non-Delivery and Destruction (including Sale, Construction and Leases)
5.
Property Defects, Damage and Mis-construction
6.
Valuing Loss in Property Cases Where the Market Replacement and Repair Measures Don’t Apply
7.
Non-acceptance by the Customer
8.
Temporary Loss of Use of the Claimant’s Property and Late Delivery
8.
Loss of Use of Money and Awards of Interest
10.
Claims by a Tenant, Charterer or Hirer
11.
Share sales and Other Warranties and Indemnities
12.
Negative Covenants (Including Exclusive Jurisdiction, Arbitration and Non-compete Clauses)

Part III: Factual (“But For”) Causation and Actual Loss
13.
Introduction to Factual (‘But For’) Causation
14.
The Breach Position: What Actually Happened and What Will Happen
15.
The Non-Breach Position: What Would Have Happened but for the Breach (Including Loss of a Chance)

Part IV: Legal Principles of Remoteness, Mitigation and Legal Causation
16.
Remoteness and Scope of Duty
17.
Legal Causation, Mitigation and Contributory Negligence
18.
Causation in Practice: Intervening and Mitigatory Acts and Events by Category
19.
The Date of Assessment

Part V: Particular Types of Loss Requiring Separate Examination
20.
Proving Business Loss: Revenue, Capital Value, Profit and Costs, Wasted Expenditure/Reliance Losses, Burdens and the Fair Wind
21.
Non-Pecuniary Loss
22.
Loss Comprising Liability to Third Parties or Litigation Costs

Part VI: Other Matters
23.
Third Parties and Loss
24.
Negotiating Damages
25.
Non-Compensatory Damages
26.
Concurrent Claims
27.
Exclusion Clauses
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