Damages for Breach of Contract, 2nd Ed by Katy Barnett | 2022 *

Damages for Breach of Contract, 2nd Ed by Katy Barnett

**Expected Delivery Period : 14 - 28 Working Days

Professor Katy Barnett, a recognized specialist in remedies law, has authored a new book on damages for breach of contract that offers authoritative and helpful advice on the types, amounts, and restrictions of damages that people and businesses can seek in the case of a breach of contract.

The book mostly discusses English law, but when appropriate, it also takes into account the laws of other countries (such Australia and Singapore). This new book, which is created with practitioners in mind, defines the legislation clearly. While it takes into account some of the theoretical arguments surrounding this subject, it will also be extremely valuable to students and academics.

Features of Damages for Breach of Contract, 2nd Ed:

Consequences of contract violation:

• examines how to quantify and comprehend the idea of expectation loss
• covers certain subjects of interest to practitioners, such as: Considering non-delivery, refusal to accept delivery, delay, and provision of a defective commodity as breaches of the sale of goods contract; When would the "cost of cure" be available for failure to construct or repair property as promised; not delivering the promised services; Loss of opportunity and loss of chance
• outlines guidelines for calculating dependency loss (also known as "wasted expenditure")
• explains the optimal strategy for negotiating damages in light of current legal precedent
• explains scenarios in which non-monetary losses may be compensated
• looks at the profit accounts
• ponders other types of prizes (nominal, exemplary and actions for debt)

The Source of the Responsibility:

• examines causation and how it functions as a limit on the amount of damages that can be recovered
• Damage's remoteness and Hadley and Baxendale's rules
• explains in detail how mitigation works using the rule for avoidable and avoided losses.

Liability Restriction and Exclusion

• explains how damages can be specified in a contract and how that power can be violated (rule against penalties and statutory prohibitions)
• takes into account provisions that restrict or exclude responsibility

Additionally:

A variety of issues of importance to practitioners will be covered, including:

• Violation of warranties, such as those relating to legitimacy, reliability, and care in the context of share purchase agreements
• An explanation of the fair wind principle established in Armorie v. Delamirie is included in the advice on pleading and showing loss (1772)
• Damages for violations of confidentiality agreements, exclusive jurisdiction clauses, and arbitration clauses, among other dispute resolution provisions.
• Damages for obligations to third parties brought on by contract violations. For instance, damages for the expense of the lawsuit against the defendant or third party, damages for the claimant's buyer's liability, damages for the claimant's settlement with the third party, etc.
• The transferred loss theory (considered fairly recently in Lowick Rose LLP v Swynson Ltd [2017] UKSC 32).

Table of Contents of Damages for Breach of Contract, 2nd Ed:

Chapter 1: Introduction

PART I: CONSEQUENCES OF BREACH
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

PART II: ATTRIBUTION OF RESPONSIBILITY
Chapter 8: Causation and contributory negligence
Chapter 9: Remoteness
Chapter 10: Mitigation and date of assessment

PART III: LIMITATION AND EXCLUSION OF LIABILITY
Chapter 11: Liquidated damages and the rule against penalties
Chapter 12: Clauses excluding or limiting liability