This new work on Damages for Breach of Contract, written by Remedies Law leading expert, Professor Katy Barnett, provides authoritative and practical guidance on the nature, extent and limitations of damages individuals and companies can claim in the event of breach of contract.
The book deals primarily with English law, but also considers other jurisdictions (such as Australia and Singapore) when relevant. Clearly setting out what the law is, this new title is written with practitioners in mind. It will also be of real value to students and academics as it considers some of the theoretical debates surrounding this topic.
Features
Consequences of breach of contract
- Considers how to measure and understand the concept of expectation loss
Deals with specific topics of interest to practitioners eg:
- Breach of sale of goods contract: considering non delivery; failure to take delivery; delay; supply of defective good;
Failure to build or repair property as promised: when would ‘cost of cure’ be available
Failure to provide services as promised
Loss of chance and loss of opportunity
Provides guidance on measuring reliance loss (or ‘wasted expenditure’)
Outlines best approach to negotiating damages in light of recent case law
Discusses situations where non-pecuniary loss may be awarded
Looks at accounts of profits
Considers other kinds of awards (nominal, exemplary and actions for debt)
Attribution of Responsibility:
- Considers causation and how it operates as a limit to the availability of damages
Remoteness of damage and the rule in Hadley and Baxendale
Explains fully how mitigation operates via the avoidable and avoided loss rule
Limitation and Exclusion of Liability
- Discusses how damages can be stipulated in a contract and how that ability can be impinged upon (rule against penalties and statutory prohibitions)
Considers clauses which exclude or limit liability
In addition:
A number of topics of interest to practitioners will be discussed:
- Breach of warranties, for example, warranties of authority, quality and reasonable care in the context of share purchase agreements
Guidance on pleading and proving loss, including an explanation of the fair wind principle established in Armorie v Delamirie (1772)
Damages for breaches of dispute resolution clauses such as arbitration and exclusive jurisdiction clauses and confidentiality agreements.
Damages relating to liabilities to third parties resulting from the breach of contract. For example, damages for the cost of litigation against the third party or defendant, damages for liability of claimant to its buyer, damages for settlement of claimant with third party, etc.
The principle of transferred loss (considered fairly recently in Lowick Rose LLP v Swynson Ltd [2017] UKSC 32).
