Damages for Breach of Contract, 3rd Edition | 2025*

Damages for Breach of Contract, 3rd Edition | 2025*

Professor Katy Barnett offers clear, authoritative, and practical insight into the scope, limitations, and calculation of damages available to individuals and businesses following a breach of contract.

Written with legal practitioners in mind, the book provides a precise explanation of current law while also addressing key academic and theoretical discussions, making it valuable for both students and scholars.

The book is structured in three parts, each offering a well-organized analysis of the critical considerations for courts and parties involved in contract disputes:

I. Consequences of Breach of Contract

• Explores the concept and assessment of expectation loss
• Offers guidance on calculating reliance loss (or wasted expenditure)
• Examines negotiating damages
• Considers when non-pecuniary loss may be awarded
• Looks at account of profits and other remedies such as nominal, exemplary damages and actions for debt

II. Attribution of Responsibility

• Analyzes causation as a limiting factor for claiming damages
• Discusses the remoteness of damage, including the rule from Hadley v Baxendale
• Provides a detailed explanation of mitigation, including avoidable and avoided losses

III. Limitation and Exclusion of Liability

• Covers the enforceability of contractual terms specifying damages, including the penalty rule and statutory restrictions
• Reviews the use of limitation and exclusion clauses in contracts

Additional Topics of Interest for Practitioners Include:

• Breach of warranties, such as those regarding authority, quality, and reasonable care in share purchase agreements
• Practical advice on pleading and proving loss, including an overview of the fair wind principle
• Damages relating to breaches of dispute resolution clauses, including arbitration, exclusive jurisdiction, and confidentiality agreements
• Discussion of the transferred loss doctrine

What’s New in Damages for Breach of Contract, 3rd Edition:

This latest edition has been thoroughly revised to reflect significant recent developments in case law. Noteworthy updates include detailed analysis of the following decisions:

• Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6, [2024] 2 W.L.R. 632
• Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17, 98 A.L.J.R. 719
• Costcutter Supermarkets Group Ltd v Vaish [2024] EWHC 152 (KB)
• Durber v PPB Entertainment Ltd [2025] EWHC 498 (KB)
• Hapag-Lloyd AC v Skyros Maritime Corp [2024] EWHC 3139
• Houssein v London Credit Ltd [2024] EWCA Civ 721
• Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 (TCC)
• Kieran Corrigan & Co Ltd v OneE Group Ltd [2024] EWHC 2146 (Ch)
• Last Bus Ltd v Dawsongroup Bus and Coach [2023] EWCA Civ 1297, [2023] 4 W.L.R. 80
• Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC)
• MDW Holdings Ltd v Norvill [2022] EWCA Civ 883; [2023] 4 W.L.R. 33
• Parker-Grennan v Camelot UK Lotteries Ltd [2024] EWCA Civ 185
• Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies plc [2023] EWHC 2506 (TCC)
• PA(GI) Ltd v Cigna Insurance Services (Europe) Ltd [2023] EWHC 1360 (Comm)
• Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10, [2025] 2 W.L.R. 529
• Secretary of State for DEFRA v Public and Commercial Services Union [2024] UKSC 41; [2024] 3 W.L.R. 1059
• Sharp Corp Ltd v Viterra BV [2024] UKSC 14, [2024] Bus. L.R. 871
• Soteria Insurance Ltd v IBM UK Ltd [2022] EWCA Civ 440, [2022] 2 All E.R. (Comm) 1082
• Southgate v Graham [2024] EWHC 1692 (Ch), [2025] 4 W.L.R. 30
• Tesco Stores Ltd v USDAW [2024] UKSC 28, [2025] I.C.R. 107

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