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Contents
- Preliminary Material
- Main Text
- Part One Introduction
- 1 General
- Preliminary Material
- 1 Judicial remedies
- 2 Procedure
- 3 Enforcement
- 4 Orders made to assist the claimant in collecting evidence to establish its case
- 5 Torts and breach of contract
- 6 Concurrent liability between the tort of negligence and breach of contract
- 7 Should one continue to distinguish torts and breach of contract?
- 8 The primary functions of judicial remedies for torts and breach of contract
- 9 Legal and equitable remedies
- 10 Equitable wrongs
- 11 Combining remedies
- 12 Breach of European Union law
- 13 Economic analysis, bargaining around non-monetary remedies, and the consumer surplus
- 14 Corrective justice, civil recourse, and rights
- 15 Approach and methodology
- 16 The layout of the book
- 2 The impact of the Human Rights Act 1998
- 1 General
- Part Two Compensation
- s.One General Principles in Assessing Compensatory Damages
- 3 Introduction to compensatory damages
- 4 Factual causation
- 5 Proof of loss and loss of a chance
- Preliminary Material
- 1 Introduction
- 2 Uncertainty about past fact: balance of probabilities
- 3 Future or hypothetical events: assessment proportionate to the chances?
- 4 Miscellaneous points
- 6 Contractual reliance damages
- Preliminary Material
- 1 Introduction
- 2 Protection of the reliance interest where direct protection of the expectation interest is barred
- 3 Protection of the reliance interest even when direct protection of the expectation interest is not barred
- 4 No escape from a known bad bargain
- 5 Pre-contractual expenses
- 7 Principles limiting compensatory damages
- Preliminary Material
- 1 Introduction
- 2 Remoteness
- (1) Torts
- (2) Breach of contract
- (a) The traditional test for remoteness in contract
- (b) Type of loss or damage
- (c) The principle in Cory v Thames Ironworks Co
- (d) Disproportionate loss compared to the contractual consideration: the US approach
- (e) The qualification of the traditional contract test required by The Achilleas
- (f) Assimilation of the contract and tort tests where there is a contractual relationship
- 3 Intervening cause
- 4 The SAAMCO principle
- 5 The duty to mitigate
- 6 Contributory negligence
- 7 The demise of impecuniosity as a limitation
- 8 Compensating advantages
- 9 Form of compensatory damages, date for assessment, taxation
- Preliminary Material
- 1 The form of compensatory damages
- 2 The date for the assessment of compensatory damages
- 3 Taxation
- s.Two Damages for the Different Types of Loss
- 10 Pecuniary loss (except consequent on personal injury, death, or loss of reputation)
- Preliminary Material
- 1 Breach of contract—basic pecuniary loss
- (1) The content of the promise
- (2) Difference in value or cost of cure
- (3) The general formulae for assessing basic pecuniary loss
- (4) Examples of the measures of basic pecuniary loss applied
- (a) Breach by seller failing to deliver goods wanted for resale
- (b) Breach by seller failing to deliver goods wanted for use
- (c) Breach by seller delivering defective goods wanted for resale
- (d) Breach by seller delivering defective goods wanted for use
- (e) Breach by seller making late delivery of goods wanted for resale
- (f) Breach by seller making late delivery of goods wanted for use
- (g) Breach by buyer refusing to accept the goods
- (h) Breach by builder refusing to carry out work or carrying it out defectively
- (i) Breach by builder in carrying out work late
- (j) Breach by owner refusing to allow work to proceed
- (5) Contracts for the benefit of third parties
- 2 Breach of contract—additional pecuniary loss
- 3 Torts—damage to property, including destruction
- 4 Torts—wrongful interference with goods or land, other than causing property damage
- 5 Torts—pure economic loss
- 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)
- 10 Pecuniary loss (except consequent on personal injury, death, or loss of reputation)
- s.Three Miscellaneous Issues Relevant to Compensatory Damages
- 15 Interest as damages and interest on damages
- Preliminary Material
- 1 Introduction
- 2 Interest as damages
- 3 Interest on damages: statutory interest under section 35A Senior Courts Act 1981
- (1) Section 35A Senior Courts Act 1981
- (2) The compensatory purpose of statutory interest
- (3) Simple interest only
- (4) Is statutory interest always awarded?
- (5) For what period is statutory interest payable?
- (6) What is the rate of statutory interest?
- (7) What is the relationship between the date of assessment of damages and statutory interest?
- 16 Limitation periods
- 17 Equitable (compensatory) damages
- 18 Negotiating damages
- 15 Interest as damages and interest on damages
- s.One General Principles in Assessing Compensatory Damages
- Part Three Restitution and punishment
- 19 Restitutionary remedies (for torts and breach of contract)
- Preliminary Material
- 1 Introduction
- 2 Restitution for torts
- (1) Introduction
- (2) Why should a claimant want a restitutionary remedy for a tort, rather than compensatory damages?
- (3) When are restitutionary remedies available for torts?
- 3 Restitution for breach of contract
- 20 Punitive damages
- Preliminary Material
- 1 Are punitive damages awarded for breach of contract?
- 2 When are punitive damages awarded for torts?
- 3 The quantum of punitive damages
- 4 Should the law on punitive damages be reformed?
- 19 Restitutionary remedies (for torts and breach of contract)
- Part Four Compelling performance or preventing (or compelling the undoing of) a wrong
- 21 The award of an agreed sum
- Preliminary Material
- 1 General points
- 2 Award of an agreed price
- 3 Award of an agreed sum payable on breach—liquidated damages
- 4 Award of an agreed sum (other than an agreed price) payable on an event other than breach
- 22 Specific performance
- Preliminary Material
- 1 Introduction
- 2 The bars to specific performance
- (1) The primary restriction—adequacy of damages
- (a) Availability of substitute—uniqueness
- (b) Difficulty in assessing damages
- (c) Inability to pay the damages
- (d) Contractual obligation to pay money
- (e) Contracts that can be immediately terminated
- (f) Nominal damages and privity
- (g) Beswick v Beswick—the radical interpretation
- (h) A consumer’s remedies under Part 1 of the Consumer Rights Act 2015
- (i) Is it satisfactory to maintain an adequacy of damages hurdle?
- (2) The constant supervision objection
- (3) Contracts for personal service
- (4) Want of mutuality
- (5) Uncertainty
- (6) Contracts not supported by valuable consideration
- (7) Contract unfairly obtained
- (8) Impossibility
- (9) Severe hardship
- (10) The claimant’s conduct
- (11) No partial specific performance?
- (12) Conclusion—the trend towards specific performance
- (1) The primary restriction—adequacy of damages
- 3 Other issues
- 23 Injunctions
- Preliminary Material
- 1 Introduction
- 2 Final prohibitory injunctions
- 3 Final mandatory injunctions
- 4 Final quia timet injunctions
- 5 Interim injunctions
- 6 The claimant’s conduct as a bar to an injunction
- 7 Appointment of a receiver
- 24 Delivery up
- 21 The award of an agreed sum
- Part Five Declaring rights
- Part Six Remedies for equitable wrongs
- 26 Remedies for equitable wrongs
- Part One Introduction
- Further Material
