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The Law of Contract Damages, 3rd Edition

The Law of Contract Damages, 3rd Edition

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509951253
  • Published In: July 2022
  • Format: Hardback , 648 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,000.00

HKD 1,940.00 Save HKD 60.00 (3%)

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  • Description 
  • Contents 
  • Author 
  • Details

    Praise for previous edition: '… very comprehensive; very competent; and, what I think will be seen as its chief virtue… very clear' – David Campbell, Law Quarterly Review
    'I enjoyed… every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' – Angela Swan, Canadian Business Law Journal
    Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area.

    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 explanations of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits.

    Previous editions are regularly cited by the courts; a hallmark of their authority. The third edition covers all key case law developments and updates since 2017 including Morris-Garner, Tiuta, Perry v Raleys, The Renos, Singularis v Daiwa and Edwards v Hugh James. The new edition expands on specific areas, reflecting their increased importance in litigation, for example how courts value companies and shares, scope of duty, and arbitration.

    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.

  • PART 1: INTRODUCTION
    Chapter 1. A Brief Introduction to the Contract Damages Award

    PART 2: TYPES OF COMPLAINT
    Chapter 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply
    Chapter 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement
    Chapter 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair)
    Chapter 5. Refusal/Failure to Accept Performance
    Chapter 7. Loss of Use of Money, Including Obligations to Pay
    Chapter 8. Claims by a Tenant or Hirer
    Chapter 9. Warranties and Indemnities
    Chapter 10. Negative Covenants

    PART 3: FACTUAL CAUSATION AND ACTUAL LOSS
    Chapter 11. Introduction to Factual Causation
    Chapter 12. The Breach Position: Proving What Actually Happened
    Chapter 13. The Non-Breach Position: Proving What Would Have Happened but for the Breach

    PART 4: LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION
    Chapter 14. Remoteness and Scope of Duty
    Chapter 15. Legal Causation and Mitigation and the Breach Position
    Chapter 16. Intervening Acts and Events by Category
    Chapter 17. The Date of Assessment

    PART 5: PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION
    Chapter 18. Proving Business Loss: Revenue, Profit and Costs
    Chapter 19. Non-Pecuniary Loss
    Chapter 20. Indemnity for Liability to Third Parties and Compensation for Litigation Costs

    PART 6: OTHER MATTERS
    Chapter 21. Third Parties and Loss
    Chapter 22. Wrotham Park Hypothetical Bargain Damages
    Chapter 23. Non-Compensatory Damages
    Chapter 24. Concurrent Claims
    Index.

  • Adam Kramer is a Barrister at 3 Verulam Buildings and a former lecturer at the Universities of Durham and Oxford.

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