Damages for Breach of Contract 2nd Edition

Damages for Breach of Contract 2nd Edition

By Richard Lawson


$569.00 RRP

Date: 21/11/2022

Code: 9780414110878

Sweet & Maxwell, UNITED KINGDOM

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Format Title Date Code Price
Book Damages for Breach of Contract 2nd Edition 21/11/2022 9780414110878 $569.00 Add to cart


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.
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).


Table of Contents

  • Chapter 1: Introduction
  • Chapter 2: Measuring expectation loss
  • Chapter 3: Measuring reliance loss (or ‘wasted expenditure’)
  • Chapter 4: ‘Negotiating damages’ and other reasonable fee awards
  • Chapter 5 Non-pecuniary loss for breach of contract
  • Chapter 6: Accounts of profit for breach of contract
  • Chapter 7: Other kinds of awards
  • Chapter 8: Causation and contributory negligence
  • Chapter 9: Remoteness
  • Chapter 10: Mitigation and date of assessment
  • Chapter 11: Liquidated damages and the rule against penalties
  • Chapter 12: Clauses excluding or limiting liability


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