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Commercial Litigation: Damages and Other Remedies for Breach of Contract

2nd Edition

Publication Date September 2001
Publisher Thorogood Publishing
Product Type Book
Pages 92
ISBN Number 9781854183972
Product Code TGD00014
Commercial Litigation: Damages and Other Remedies for Breach of Contract
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£145.00
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Summary

How aware are you of the full implications of these ground-breaking cases?

  • Voaden v Champion (2002)
  • SAM Business Systems v Hedley(2003)
  • Days Medical Aids v Pihsiang Machinery Manufacturing Co (2004)

A great deal has changed in the last few years... a new emphasis on claims for damages such as loss of business, opportunity, chance, use and data, and recent landmark cases have altered the ground-rules. Completely updated, this report includes accounts of all the most recent important cases and highlights significant changes in the way that the courts now assess damages.

This valuable report has been completely updated since it first appeared in 2002 (Damages and Other Remedies for Breach of Commercial Contract).

This new edition now:

  • Includes accounts of all the most recent important cases and highlights significant changes in the way that the courts now assess damages.
  • Sets out a systematic approach for assessing the remedies available for various types of breach of contract, what the remedies mean in terms of compensation and how the compensation is calculated.
  • Examines the most recent case law as well as classic earlier cases and explores the issues involved; in particular the defences.

The report provides numerous examples of effective drafting of terms controlling and limiting remedies - as well as illustrating the type of poor drafting to be avoided.Plus helpful tables, figures and calculations and a search analysis of the mathematical and financial implications of awarded damages.

Content

  • The Starting Point for Calculations
    • A comparison of different remedies available for breach of contract
    • Selecting the appropriate remedy
    • The remedy of Quantum Meruit
    • Damages versus debt
    • Damages: the basic principle of assessment
    • Heads of damages
    • The rules of remoteness
    • Damages for mental distress
    • Interest and ?nancing charges
    • Consequential loss or damage
  • The Measurement of Damages
    • Putting ?gures to the claim
    • Statutory principles affecting the measurement of damages
    • The rule against double counting
    • The rules about mitigation of loss
  • Special Cases Involving Damages
    • Damages for the loss of a chance
    • Contributory negligence and the measurement of damages
    • Drafting terms of contract to control damages and other remedies
    • Liquidated damages
    • Clauses about currency and interest
    • The breach date rule
  • Other Remedies for Breach of Contract
    • Retention of a deposit
    • Rescission
    • Speci?c performance and speci?c delivery
    • Injunctions
    • Recti?cation
    • Indemnities
    • Conclusion
  • Appendices
    • Appendix 1: The case of the Millennium Dome
    • Appendix 2: List of cases cited