Adam Kramer KC (UK 3 Verulam Buildings)

The Law of Contract Damages

• Gebundenes Buch

Produktbeschreibung

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.

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Produktdetails

• Verlag: Bloomsbury Publishing PLC
• 3 ed
• Seitenzahl: 696
• Erscheinungstermin: 14. Juli 2022
• Englisch
• Abmessung: 177mm x 250mm x 45mm
• Gewicht: 1340g
• ISBN-13: 9781509951253
• ISBN-10: 1509951253
• Artikelnr.: 61999534

Autorenporträt

Adam Kramer KC is a barrister at 3 Verulam Buildings. He was previously a lecturer in law at the Universities of Durham and Oxford.

Inhaltsangabe

PART I INTRODUCTION 1. A Brief Introduction to the Contract Damages Award
1. Summary 2. The Damages Remedy 3. The Principles of Compensation 4. The
Theory of Contract Damages 5. The Currency of the Award PART II TYPES OF
COMPLAINT 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply 1.
Introduction 2. Services to Commercial Claimants (Including Lost Management
Time Claims) 3. Services to Public Bodies or Charities 4. Services to
Consumers 3. Misadvice (Especially Professional Negligence) and Contractual
Misstatement 1. Introduction to the Breach and Non-Breach Positions in
Advice and Similar Cases 2. Extrication Cases 3. Adoption/Non-Extrication
Cases and Repair 4. The Non-Breach Position: The Alternative Transaction
the Claimant Would Have Entered Into 4. Property Non-Delivery, Destruction
and Defects (Damage, Sale, Construction, Misrepair) 1. Introduction to the
Different Measures of Loss 2. Market Replacement, the First Cure 3. Repair,
the Second Cure 4. Further Issues in Repair and Replacement Cases 5. The
Measure when There is No Market Replacement and No Repair 5.
Seller/Supplier Claims: Refusal/Failure to Accept Goods, Services or Other
Performance 1. Introduction 2. Cure by Finding a Replacement Customer on
the Market 3. Lost Volume Sales: Where Supply Outstrips Demand 4. No
Replacement and Alternative Mitigation 5. Non-Financial Loss 6. Temporary
Loss of Use of the Claimant's Property 1. Introduction 2. The Cost of
Hiring a Temporary Replacement 3. Lost Profits from Sale to the Market 4.
Lost Profits from Employment of the Property 5. Loss of Use of
Non-Profit-Earning Goods 7. Loss of Use of Money, Including Breach of
Obligations to Pay 1. The Cost of Borrowing Replacement Money 2. Lost
Profits from Use of the Money 3. Devaluation and Exchange Rate Losses 4.
Causing Insolvency 5. Other Losses 6. Specific Points Relating to Breach of
Obligations to Pay Money 7. Awards of Interest Outside the Claim for
Damages 8. Inflation 8. Claims by a Tenant, Charterer or Hirer 1.
Non-Delivery 2. Late Delivery 3. Hire of Defective Property and Damage to
Hired Property 9. Warranties and Indemnities 1. Introduction to Warranties
2. Warranties of Authority 3. Warranties of Quality 4. Warranties of
Reasonable Care 5. Indemnities 10. Negative Covenants (Including Exclusive
Jurisdiction, Arbitration and Non-compete Clauses) 1. Introduction 2.
Property-Related Restrictive Covenants 3. Exclusive Jurisdiction and
Arbitration Clauses and Non-Litigation Agreements 4. Non-Compete,
Non-Solicitation, Exclusivity, Business Secret and Confidentiality Clauses
PART III FACTUAL ('BUT FOR') CAUSATION AND ACTUAL LOSS 11. Introduction to
Factual ('But For') Causation 1. Factual ('But For') Causation 2. Harm that
Would Have Happened Anyway 3. Concurrent Causes and the Modified 'But For'
Test in Exceptional Cases 12. The Breach Position: What Actually Happened
and What Will Happen 1. What Happened Prior to Trial? 2. What Will Happen
Post-Trial? (The Chance of a Loss Principle) 3. Tax (That will or Might be
Paid) 13. The Non-Breach Position: What Would or Might Have Happened but
for the Breach (Including Loss of a Chance) 1. Summary 2. What Would the
Claimant Have Done? 3. What Would the Defendant Have Done? 4. What Natural
Events Would Have Occurred? 5. What Would Third Parties Have Done? (The
Principle of Loss of a Chance) 6. The Future: What Would Have Happened
after Trial 7. Tax (That Would Have Been but Has Not Been and Will Not Be
Paid) PART IV LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL
CAUSATION 14. Remoteness and Scope of Duty 1. For Remoteness Start with
Foreseeability 2. The Assumption of Responsibility Basis of Remoteness 3.
The Reasonable Contemplation Test of Remoteness 4. The Cap Rule from Cory
V Thames Ironworks 5. The Scope of Duty Principle 6. Factors Relevant to
Scope of Duty and Assumption of Responsibility 7. The Burden of Proof 8.
The Interaction between Scope of Duty and Contributory Negligence and
Contribution 15. Legal Causation, Mitigation and Contributory Negligence
1. Introduction 2. Legal Causation 3. The Principle of Mitigation 4.
Betterment 5. Burdens of Proof 6. Contributory Negligence 7. Applying Legal
Causation to What Would Have Happened but for the Breach 16. Causation in
Practice: Intervening and Mitigatory Acts and Events by Category 1.
Introduction to this Chapter 2. Claimant Failure to Avoid the Danger 3.
Failing to Terminate, or Terminating, the Contract with the Defendant 4.
The Claimant Sourcing or Not Sourcing a Replacement Supply or Customer or a
Repair 5. Speculation by the Claimant 6. Money Made by the Claimant
Post-Breach 7. Impecuniosity and Other Special Characteristics of the
Claimant 8. Trading while Insolvent 9. Unreasonable Claimant Conduct 10.
Post-Breach Dealings with the Defendant 11. Receipt by the Claimant of
Payments or Help from Third Parties (Including Insurance and State
Assistance and Litigation with Third Parties) or Non-Payment by Third
Parties 12. Claimant Payments and Liabilities to Third Parties 13. Payments
that would have been made by the Claimant to Third Parties 14. Passing on
Risk or Selling the Property to Third Parties 15. Events External to the
Claimant 17. The Date of Assessment 1. The Principles 2. The Different
Dates of Purchase of a Replacement or Cure on the Market 3. The Different
Dates of Sale to the Market 4. Where There Is No Opportunity to Resort to
the Market PART V PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION
18. Proving Business Loss: Revenue, Capital Value, Profit and Costs, Wasted
Expenditure/Reliance Losses, Burdens and the Fair Wind 1. Revenue, Profit
and Capital Loss 2. Pleading, Proof, Evidence and the Fair Wind Principle
3. The Presumption of Breaking Even and the Myth of the Reliance Measure of
Loss 4. Examples of Lost Profit Awards 19. Non-Pecuniary Loss 1. The
Evolution of the Legal Test 2. Quantification and Presumptions 3.
(Physical) Inconvenience and Disturbance 4. Personal Injury 20. Loss
Comprising Liability to Third Parties or Litigation Costs 1. Indemnity for
Third Party Liability 2. Costs in Relation to the Breach of Contract
Dispute Itself 3. Costs in Previous Proceedings Against the Defendant 4.
Costs in Third Party Proceedings PART VI OTHER MATTERS 21. Third Parties
and Loss 1. Recovery by the Claimant of the Third Party's Loss for the
Benefit of the Third Party ('Transferred Loss' and the Albazero Principle)
2. Recovery by a Claimant of Its Own Loss 3. Third Party Claims Under the
Contracts (Rights of Third Parties) Act 1999 22. Negotiating Damages 1. The
Wrotham Park Decision 2. The Morris-Garner Decision 3. Basis of the
Principles 4. Scope of the Principles 5. The Measure 23. Non-Compensatory
Damages 1. Nominal Damages 2. Account of Profits/Restitutionary Damages 3.
Punitive/Exemplary Damages 24. Concurrent Claims 1. Against the Same
Defendant 2. Against Different Defendants 25. Exclusion Clauses 1. This
Chapter and Introduction 2. The Role of Statutes 3. Principles of
Construction 4. Particular Phrases Used in Exclusion Clauses Denoting
Certain Types of Loss 5. Exclusion of Particular Types of Fault/Conduct