Author(s): Adam Kramer
This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date. Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles. To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property), rather than by the more traditional subject-matter specialisms (eg sale of goods, charterparties, surveyor's negligence). Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost profits.
Adam Kramer is a Barrister at 3 Verulam Buildings and a former lecturer at the Universities of Durham and Oxford.
PART 1: INTRODUCTION Chapter 1. A Brief Introduction to the Contract Damages Award PART 2: TYPES OF COMPLAINT Chapter 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply Chapter 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement Chapter 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair) Chapter 5. Refusal/Failure to Accept Performance Chapter 6. Temporary Loss of Use of the Claimant's Property Chapter 7. Loss of Use of Money, Including Obligations to Pay Chapter 8. Claims by a Tenant or Hirer Chapter 9. Warranties and Indemnities Chapter 10. Negative Covenants PART 3: FACTUAL CAUSATION AND ACTUAL LOSS Chapter 11. Introduction to Factual Causation Chapter 12. The Breach Position: Proving What Actually Happened Chapter 13. The Non-Breach Position: Proving What Would Have Happened but for the Breach PART 4: LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION Chapter 14. Remoteness and Scope of Duty Chapter 15. Legal Causation and Mitigation and the Breach Position Chapter 16. Intervening Acts and Events by Category Chapter 17. The Date of Assessment PART 5: PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION Chapter 18. Proving Business Loss: Revenue, Profit and Costs Chapter 19. Non-Pecuniary Loss Chapter 20. Indemnity for Liability to Third Parties and Compensation for Litigation Costs PART 6: OTHER MATTERS Chapter 21. Third Parties and Loss Chapter 22. Wrotham Park Hypothetical Bargain Damages Chapter 23. Non-Compensatory Damages Chapter 24. Concurrent Claims