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The Law of Contract Damages

By: Adam Kramer
Media of The Law of Contract Damages
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Published: 16-11-2017
Format: Hardback
Edition: 2nd
Extent: 696
ISBN: 9781509915842
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £100.00
 

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About The Law of Contract Damages

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.

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/Delayed Supply
3. Misadvice (Especially Professional Negligence) and Contractual Misstatement
4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair)
5. Refusal/Failure to Accept Goods, Services or Other Performance
6. Temporary Loss of Use of the Claimant's Property
7. Loss of Use of Money, Including Obligations to Pay
8. Claims by a Tenant, Charterer or Hirer
9. Warranties and Indemnities
10. Negative Covenants

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

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

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

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

Reviews

“PRAISE FOR THE FIRST EDITION
…very comprehensive; very competent; and, what I think will be seen as its chief virtue by its intended readership, very clear
” –  David Campbell, Law Quarterly Review

“PRAISE FOR THE FIRST EDITION
I enjoyed…every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illumination.
” –  Angela Swan, Canadian Business Law Journal

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