Remedies for Torts, Breach of Contract, and Equitable Wrongs, 4th ed

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Remedies for Torts, Breach of Contract, and Equitable Wrongs, 4th ed

Author Andrew Burrows QC FBA
Publication Date 18 June 2019
ISBN 9780198705932
Format
Hardcover
Publisher Oxford
 

Andrew Burrows' landmark work Remedies for Torts, Breach of Contract, and Equitable Wrongs (formerly Remedies for Torts and Breach of Contract) has been updated and expanded to include judicial remedies for civil wrongs in English law. Since the previous edition was published in 2004, the book's area of discussion has expanded to cover many modern case examples. To name a few, important Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, and Forsyth Grant v Allen on restitution for torts, to name a few (LauritzenCool, Araci v Fallon and Coventry v Lawrence).

This book includes two new chapters in addition to a full update to reflect recent legal changes. The first chapter, which is new to the fourth edition, looks at damages under the Human Rights Act of 1998, while the second looks at negotiating damages. Due to its extensive coverage, factual detail, smart use of academic context, and enduring subject matter, Andrew Burrows' Remedies for Torts, Breach of Contract, and Equitable Wrongs is a popular study among students and practitioners.

New to this Edition:

  • There are two new chapters on negotiating damages and damages under the Human Rights Act 1998.
  • MorrisGarner v One Step Ltd; damages for lost chances in tort (Sienkiewitz); penalty clauses (Cavendish v Makdessi); and equitable remedies for equitable wrongs (AIB Group (UK) Ltd v Mark Redler and Co) are among the Supreme Court precedents examined.
  • Engages in a discussion of rights theory in academia.

TABLE OF CONTENTS of Remedies for Torts, Breach of Contract, and Equitable Wrongs, 4th ed

PART ONE INTRODUCTION
1:General
2:The impact of the Human Rights Act 1998
PART TWO COMPENSATION
SECTION ONE GENERAL PRINCIPLES IN ASSESSING COMPENSATORY DAMAGES
3:Introduction to compensatory damages
4:Factual causation
5:Proof of loss and loss of a chance
6:Contractual reliance damages
7:Principles limiting compensatory damages
8:Compensating advantages
9:Form of compensatory damages, date for assessment, taxation
SECTION TWO DAMAGES FOR THE DIFFERENT TYPES OF LOSS
10:Pecuniary loss (except consequent on personal injury, death or loss of reputation)
11:Personal injury losses
12:Losses on death
13:Loss of reputation
14:Mental distress or physical inconvenience (except consequent on personal injury or death)
SECTION THREE MISCELLANEOUS ISSUES RELEVANT TO COMPENSATORY DAMAGES
15:Interest as damages and interest on damages
16:Limitation periods
17:Equitable (compensatory) damages
18:Negotiating damages
PART THREE RESTITUTION AND PUNISHMENT
19:Restitutionary remedies (for torts and breach of contract)
20:Punitive damages
PART FOUR COMPELLING PERFORMANCE OR PREVENTING (OR COMPELLING THE UNDOING OF) A WRONG
21:The award of an agreed sum
22:Specific performance
23:Injunctions
24:Delivery up
PART FIVE DECLARING RIGHTS
25:Nominal and contemptuous damages and declarations
PART SIX REMEDIES FOR EQUITABLE WRONGS
26:Remedies for equitable wrongs

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