Overview

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. This valuable report has been completely updated since it first appeared in 2002 (Damages and other remedies for breach of commercial contract): it includes accounts of all the most recent important cases and highlights significant changes in the way that the courts now assess damages. It 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. It 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 searching analysis of the mathematical and financial implications of awarded damages. What is new? Time-honoured principles, long regarded as rules - e.g. 'new for old' compensation - have gone by the board; courts have moved from applying broad principles to making judgments based on the precise facts in front of them - known as the 'fact-specific' approach; and in some cases the same set of facts can now be argued either on the basis of contract or of tort - which way you go is a crucial question of tactics.

Full Product Details

Author:   Robert Ribeiro
Publisher:   Thorogood
Imprint:   Thorogood
Edition:   2nd edition
Dimensions:   Width: 21.00cm , Height: 2.50cm , Length: 29.50cm
Weight:   0.739kg
ISBN:  

9781854183972

ISBN 10:   1854183974
Pages:   100
Publication Date:   13 December 2005
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

THE STARTING POINT FOR CALCULATIONS; * A comparison of different remedies available; * for breach of contract; * Selecting the appropriate remedy: Hyundai Heavy Industries Co Ltd v Papadopoulos (1980) 2 All.E.R; * The remedy of Quantum Meruit; * Damages versus debt: Jervis v Harris (1996); * Damages: the basic principle of assessment; * The rules of remoteness; * 'Remoteness of damages': what does this mean? * Putting together several different heads of claim:; * Hayes v Dodd (1990) 2 All.E.R; * Damages for mental distress; * Interest and financing charges; * What is 'consequential loss, or damage'; how does it relate to the principles already set out?.; 2 THE MEASUREMENT OF DAMAGES; * Putting figures to the claim; * The rule against double counting; * Taxation and 'double counting'; * Double counting and the recouping of loss; * The rules about mitigation of loss; 3 SPECIAL CASES INVOLVING DAMAGES; * Damages for loss of a chance; * Chances of earnings or of profitability: Days Medical Aids v Pihsiang Machinery Manufacturing Co (2004) 1 All.E.R. (Comm); * Contributory negligence and the measurement of damages; * Drafting terms to control remedies; * The Unfair Contract Terms Act 1977; * Liquidated damages; * Clauses about currency and interest; * The breach date rule; * Summarizing the principles applicable to a claim for damages; 4 OTHER REMEDIES FOR BREACH OF CONTRACT; * The remedies; * The declaratory judgment; * Retention of a deposit; * Rescission; * Specific performance and specific delivery; * Injunctions; * The remedy of rectification; * Indemnities: what is their purpose?; APPENDICES.

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Author Information

Dr Robert Ribeiro is a barrister and a highly experienced speaker and consultant. He is the author of Engineering Contracts - a Management Guide and Commercial Contracts: Drafting techniques and Precedents.

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