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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Law of Contract Damages 2nd ed (eBook)


ISBN13: 9781509915866
Published: November 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £90.00 + £18.00 VAT
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Wildy's Book of the Month: December 2017

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area.

The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to take account of over 150 recent decisions. 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 explanation of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits.

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.

Subjects:
Contract Law, Remedies and Damages, eBooks
Contents:
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.