A brief introduction to the contract damage award -- Pure services : non-supply/defective supply/delayed supply -- Misadvice (especially professional negligence) and contractual misstatement -- Property non-delivery, destruction and defects (damage, sale, construction, misrepair) -- Seller/supplier claims : refusal/failure to accept goods, services -- Temporary loss of use of the claimant's property -- Loss of use of money, including obligations to pay -- Claims by a tenant or hirer -- Warranties and indemnities -- Negative covenants (including exclusive jurisdiction, arbitration and non-compete clauses) -- Introduction to factual ('but for') causation -- The breach position : what actually happened and what will happen -- The non-breach position : what would have or might have happened but for the breach (including loss of a chance) -- Remoteness and scope of duty -- Legal causation, mitigation and contributory negligence -- Causation in practice : intervening and mitigatory acts and events by category -- The date of assessment -- Proving business loss : revenue, capital value, profit and costs, wasted expenditure/reliance losses, burdens and the fair wind -- Non-pecuniary loss -- Loss comprising liability to third parties or litigation costs -- Third parties and loss -- Negotiating damages -- Non-compensatory damages -- Concurrent claims -- Exclusion clauses.
Summary:
"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. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, 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, exclusive jurisdiction and arbitration clauses, 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 how to prove 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"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.