The law of contract damages
By: Adam Kramer
Publisher: Hart Publishing
Published: 2014
Place of publication: Oxford, United Kingdom; Portland, Oregon
Language: eng
Number of pages: 579
ISBN-13: 9781849464079
Subjects: Breach of contract; Damages; Vertragsverletzung; Schadensersatz
Description: This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date. Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles. To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property), rather than by the more traditional subject-matter specialisms (eg sale of goods, charterparties, surveyor's negligence). Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost profits
Notes: Includes bibliographical references and index.
Table of contents: title: Part 1. Introduction:; title: A brief introduction to the contract damage award -- -- Part 2. Types of complaint:; title: Pure services : non-supply/defective supply/delayed supply --; title: Misadvice (especially professional negligence) and contractual misstatement --; title: Property non-delivery, destruction and defects (damage, sale, construction, misrepair) --; title: Refusal/failure to accept performance --; title: Temporary loss of use of the claimant's property --; title: Loss of use of money, including obligations to pay --; title: Claims by a tenant or hirer --; title: Warranties and indemnities --; title: Negative covenants -- -- Part 3. Factual causation and actual loss:; title: The breach position : proving what actually happened --; title: The non-breach position : proving what would have happened but for the breach -- -- Part 4. Legal principles of remoteness, mitigation and legal causation:; title: Remoteness and scope of duty --; title: Legal causation and mitigation and the breach position --; title: Intervening acts and events by category --; title: The date of assessment -- -- Part 5. Particular types of loss requiring separate examination:; title: Proving business loss : revenue, profit and costs --; title: Non-pecuniary loss --; title: Indemnity for liability to third parties and compensation for litigation costs -- -- Part 6. Other matters:; title: Third parties and loss --; title: Wrotham Park hypothetical bargain damages --; title: Non-compensatory damages --; title: Concurrent claims.