Description
This is the second of the editions of this book that I have edited and written from the foundations of the work by Harvey McGregor. Although much has been rewritten there are still significant sections of some chapters which remain primarily arvey’s work, updated merely to reflect new case law; the process of simplifying, rationalising and further updating those sections will continue over future editions. The principal focus of the book remains, and will remain, as it was over the eight editions written by Harvey McGregor. That focus is to provide a clear and accurate statement of the English law on damages which, to a very large degree, is common law across the many jurisdictions which are based upon English law. The book therefore takes into account developments in other jurisdictions which point the way to clarification of uncertain areas of the law of damages. Indeed, in the two weeks before the submission of the manuscript of this book there were decisions on novel damages issues delivered by the Supreme Court of Canada and the High Court of Australia respectively in Atlantic Lottery Corp Incv Babstock [2020] S.C.C. 19 and Lewis v Australian Capital Territory [2020] HCA 26. In this edition, almost all of the 53 chapters have seen substantial amendments or additions. Some chapters have been the subject of very significant amendment or complete rewriting: the meaning of damages and compensation; causation, scope of duty, and remoteness of damage; vindicatory damages; licence fee damages; breach of confidence and improper use of private information; and damages under the Human Rights Act. Other chapters have seen substantial amendments and explanation: terminology and consequential loss clauses; exemplary damages; assault and false imprisonment; torts causing personal injury; and the
chapters concerning court procedure.
Table of Contents
1. The Meaning of Damages and Compensation at Common Law and in Equity
Part 1A Compensatory Damages: Object and Terminology
2. The object of a compensatory Damages
3. The Terminology in compensatory Damages and Consequential Loss Clauses
Part 1B The Heads of Compensatory Damages
4. Pecuniary Losses
5. Non-Pecuniary Losses
Part 1C The Limits of compensatory damages
6. The general problem of limit
7. Reduction of Damages for Contributory Negligence
8. Causation of Damages, Scope of Duty, and Remoteness of Damage
9. Mitigation of Damage
10. Certainty of Damage, Presumptions of Damage, and loss of chance
11. Past and Prospective Damage
Part 2 Non-Compensatory Damages
12. Normal Damages
13. Exemplary Damage
14. Licence Fee
15. Account and Disgorgement of Profits
16. Liquidated Damages and Penalties
17. Vindicatory Damages
Part 3 Various General Factors in the Assessment of Damages
18. The Incidence of Taxation
19. The Awarding of Interest
20. The Effect of Changes in Value
21. Costs, Damages, and Fines in Previous Proceedings
22. Breach of undertaking as to Damages
23. Damages in Action Surviving Death
Part 4 Particular Contracts and Torts
24. The Measure of Damages in Contract Compared with Torts
Part 4A Contract
25. Sale of Goods
26. Hire and Hire-Purchase of Goods
27. Slae of Land
28. Lease of Land
29. Sale of shares and Loan of Stock
30. Contract to pay or to Lend Money
31. Construction Contract
32. Contract of Carriage
33. Contracts of Employment
34. Contracts of Professional and other Services
35. Contracts Concerning Principal and Agent
36. Contract of Warranty of authority by Agent
Part 4B Tort
37. Torts Affecting Goods: Damage and Destruction
38. Torts Affecting Goods: Misappropriation
39. Torts Affecting Land
40. Torts Causing Personal Injury
41. Torts Causing Death
42. Assault and False Imprisonment
43. Statutory Torts: Discrimination and Harassment
44. Malicious Institution of Legal Proceedings
45. Misfeasance in Public Office
46. Defamation
47. Privacy, Confidence and Private Information
48. Economic Torts and Intellectual Property Wrongs
49. Misrepresentation
50. Damages under the Human Rights Act
51. Pre-action Conduct, the statement of case and case management to trial
52. The Trial
53. Appeals
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