The Law of Contract Damages / Adam Kramer KC.

Format:

Book

Author/Creator:

Kramer, Adam (Barrister), author.

Language:

English

Subjects (All):

Breach of contract.

Damages.

Physical Description:

1 online resource (650 p.)

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date. Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles. To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property), rather than by the more traditional subject-matter specialisms (eg sale of goods, charterparties, surveyor's negligence). Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost profits

Contents:

Part 1. Introduction: A brief introduction to the contract damage award

Part 2. Types of complaint: 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)

Refusal

failure to accept performance

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

Part 3. Factual causation and actual loss: The breach position : proving what actually happened

The non-breach position : proving what would have happened but for the breach

Part 4. Legal principles of remoteness, mitigation and legal causation: Remoteness and scope of duty

Legal causation and mitigation and the breach position

Intervening acts and events by category

The date of assessment

Part 5. Particular types of loss requiring separate examination: Proving business loss : revenue, profit and costs

Non-pecuniary loss

Indemnity for liability to third parties and compensation for litigation costs

Part 6. Other matters: Third parties and loss

Wrotham Park hypothetical bargain damages

Non-compensatory damages

Concurrent claims.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781849468398

1849468397

9781849467513

184946751X

OCLC:

1154941655