The Law of Contract Damages

Summary Contents\nForeword to the First Edition\nForeword to the Second Edition\nPreface\nContents\nSubject-matter Table of Contents\nTable of Cases\nTable of Legislation\nPart I:\rIntroduction\n	1: A Brief Introduction to the Contract Damages Award\n		1. Summary\n		2. The Damages Remedy\n		3. The Principles of Compensation\n		4. The Theory of Contract Damages\n		5. The Currency of the Award\nPart II:\rTypes of Complaint\n	2: Pure Services: Non-Supply/Defective Supply/Delayed Supply\n		1. Introduction\n		2. Services to Commercial Claimants (Including Lost Management Time Claims)\n		3. Services to Public Bodies\n		4. Services to Consumers\n	3: Misadvice (Especially Professional Negligence) and Contractual Misstatement\n		1. Introduction to the Breach and Non-Breach Positions in Advice and Similar Cases\n		2. Extrication Cases\n		3. Adoption/Non-Extrication Cases\n		4. The Non-Breach Position: The Alternative Transaction the Claimant would have Entered into\n	4: Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair)\n		1. Introduction to the Different Measures of Loss\n		2. Market Replacement, the First Cure\n		3. Repair, the Second Cure\n		4. Further Issues in Repair and Replacement Cases\n		5. The Measure when There is no Market Replacement and no Repair\n	5: Refusal/Failure to Accept Goods, Services or Other Performance\n		1. Introduction\n		2. Cure by Finding a Replacement Customer on the Market\n		3. Lost Volume Sales: Where Supply Outstrips Demand\n		4. No Replacement and Alternative Mitigation\n		5. Non-Financial Loss\n	6: Temporary Loss of Use of the Claimant\'s Property\n		1. Introduction\n		2. The Cost of Hiring a Temporary Replacement\n		3. Lost Profits from Sale to the Market\n		4. Lost Profits from Employment of the Property\n		5. Loss of Use of Non-Profit-Earning Goods\n	7: Loss of Use of Money, Including Obligations to Pay\n		1. The Cost of Borrowing Replacement Money\n		2. Lost Profits from Use of the Money\n		3. Devaluation and Exchange Rate Losses\n		4. Causing Insolvency\n		5. Other Losses\n		6. Specific Points Relating to Breach of Obligations to Pay Money\n		7. Awards of Interest Outside the Claim for Damages\n		8. Inflation\n	8: Claims by a Tenant, Charterer or Hirer\n		1. Non-Delivery\n		2. Late Delivery\n		3. Hire of Defective Property and Damage to Hired Property\n	9: Warranties and Indemnities\n		1. Introduction to Warranties\n		2. Warranties of Authority\n		3. Warranties of Quality\n		4. Warranties of Reasonable Care\n		5. Indemnities\n	10: Negative Covenants\n		1. Introduction\n		2. Property-Related Restrictive Covenants\n		3. Exclusive Jurisdiction and Arbitration Clauses and Non-Litigation Agreements\n		4. Non-Compete, Non-Solicitation, Exclusivity, Business Secret and Confidentiality Clauses\nPart III:\rFactual Causation and Actual Loss\n	11: Introduction to Factual Causation\n		1. Factual \'But For\' Causation\n		2. Harm that Would Have Happened Anyway\n	12: The Breach Position: Proving What Actually Happened and Will Happen\n		1. What Happened Prior to Trial?\n		2. What Will Happen Post-Trial? (The Chance of a Loss Principle)\n	13: \rThe Non-Breach Position: Proving What Would Have Happened but for the Breach\n		1. Summary\n		2. What Would the Claimant Have Done?\n		3. What Would the Defendant Have Done?\n		4. What Natural Events Would Have Occurred?\n		5. What Would Third Parties Have Done? (The Principle of Loss of a Chance)\n		6. The Future: What Would Have Happened After Trial\n		7. Tax (That Would Have Been but Will Not Be Paid)\nPart IV:\rLegal Principles of Remoteness, Mitigation\rand Legal Causation\n	14: Remoteness and Scope of Duty\n		1. Start with Foreseeability\n		2. The Assumption of Responsibility Basis\n		3. The Reasonable Contemplation Test of Remoteness\n		4. The Cap Rule from Cory v Thames Ironworks\n		5. The Scope of Duty Principle\n		6. Factors Relevant to Scope of Duty and Assumption of Responsibility\n		7. The Burden of Proof\n		8. The Interaction of Scope of Duty with Contributory Negligence and Contribution\n	15: Legal Causation and Mitigation and the Breach Position\n		1. Introduction\n		2. Legal Causation\n		3. The Principle of Mitigation\n		4. Betterment\n		5. Burdens of Proof\n		6. Contributory Negligence\n		7. Applying Legal Causation to What Would Have Happened but for the Breach\n	16: \rIntervening and Mitigatory Acts and Events by Category\n		1. Introduction to this Chapter\n		2. Claimant Failure to Avoid the Danger\n		3. Failing to Terminate the Contract with the Defendant\n		4. The Claimant Sourcing or Not Sourcing a Replacement or Repair\n		5. Speculation by the Claimant\n		6. Money Made by the Claimant Post-Breach\n		7. Impecuniosity and Other Special Characteristics of the Claimant\n		8. Unreasonable Claimant Conduct\n		9. Post-Breach Dealings with the Defendant\n		10. Receipt by the Claimant of Payments or Help from Third Parties (Including Insurance and State Assistance and Litigation with Third Parties) or Non-Payment by Third Parties\n		11. Payments by the Claimant to Third Parties\n		12. Passing on Risk or Selling the Property to Third Parties\n		13. Events External to the Claimant\n	17: The Date of Assessment\n		1. The Principles\n		2. The Different Dates of Purchase of a Replacement on the Market\n		3. The Different Dates of Sale to the Market\n		4. Where There Is No Opportunity to Resort to the Market\nPart V:\rParticular Types of Loss Requiring Separate\rExamination\n	18:\rProving Business Loss: Revenue, Profit and Costs\n		1. Revenue, Profit and Capital Loss\n		2. Pleading, Proof, Evidence and the Fair Wind Principle\n		3. The Presumption of Breaking Even and the Myth of the Reliance Measure of Loss\n		4. Examples of Lost Profit Awards\n	19: Non-Pecuniary Loss\n		1. The Evolution of the Legal Test\n		2. Specific Issues in Non-Pecuniary Loss Awards\n		3. (Physical) Inconvenience and Disturbance\n		4. Personal Injury\n	20: Indemnity for Liability to Third Parties and Compensation for Litigation Costs\n		1. Indemnity for Third Party Liability\n		2. Costs in Relation to the Breach of Contract Dispute Itself\n		3. Costs in Previous Proceedings Against the Defendant\n		4. Costs in Third Party Proceedings\nPart VI:\rOther Matters\n	21:\rThird Parties and Loss\n		1. Recovery by the Claimant of the Third Party\'s Loss for the Benefit of the Third Party (\'Transferred Loss\' and the Albazero Principle)\n		2. Recovery by a Claimant of Its Own Loss\n		3. Third Party Claims Under the Contracts (Rights of Third Parties) Act 1999\n	22: Wrotham Park Hypothetical Bargain Damages\n		1. The Wrotham Park Decision\n		2. The Principles\n		3. Scope of the Principles\n		4. Basis of the Principles\n	23: \rNon-Compensatory Damages\n		1. Nominal Damages\n		2. Account of Profits/Restitutionary Damages\n		3. Punitive/Exemplary Damages\n	24: Concurrent Claims\n		1. Against the Same Defendant\n		2. Against Different Defendants\nIndex