The Law of Contract Damages 3rd ed

Praise for previous edition: '… very comprehensive; very competent; and, what I think will be seen as its chief virtue… very clear' – David Campbell, Law Quarterly Review

'I enjoyed… every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' – Angela Swan, Canadian Business Law Journal
Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area.

To aid understanding and practicality of use, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered­­ - construction, sale of goods, charterparties, professional services - and those less frequently covered in general works, such as SPAs, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanations of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits.

Previous editions are regularly cited by the courts; a hallmark of their authority. The third edition covers all key case law developments and updates since 2017 including Morris-Garner, Tiuta, Perry v Raleys, The Renos, Singularis v Daiwa and Edwards v Hugh James. The new edition expands on specific areas, reflecting their increased importance in litigation, for example how courts value companies and shares, scope of duty, and arbitration.

The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

table of content

PART I: INTRODUCTION

1. A Brief Introduction to the Contract Damages Award

PART II: TYPES OF COMPLAINT

2. Pure Services: Non-Supply/Defective Supply/Delayed Supply

3. Misadvice (Especially Professional Negligence) and Contractual Misstatement

4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair)

5. Refusal/Failure to Accept Goods, Services or Other Performance

6. Temporary Loss of Use of the Claimant's Property

7. Loss of Use of Money, Including Obligations to Pay

8. Claims by a Tenant, Charterer or Hirer

9. Warranties and Indemnities

10. Negative Covenants

PART III: FACTUAL CAUSATION AND ACTUAL LOSS

11. Introduction to Factual Causation

12. The Breach Position: Proving What Actually Happened and Will Happen

13. The Non-Breach Position: Proving What Would Have Happened but for the Breach

PART IV: LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION

14. Remoteness and Scope of Duty

15. Legal Causation and Mitigation and the Breach Position

16. Intervening and Mitigatory Acts and Events by Category

17. The Date of Assessment

PART V: PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION

18. Proving Business Loss: Revenue, Profit and Costs

19. Non-Pecuniary Loss

20. Indemnity for Liability to Third Parties and Compensation for Litigation Costs

PART VI: OTHER MATTERS

21. Third Parties and Loss

22. Wrotham Park Hypothetical Bargain Damages

23. Non-Compensatory Damages

24. Concurrent Claims