Damages for Breach of Contract

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Description
This book seeks to provide a practical, clear, and approachable summary of the law of contract damages in England and Wales for practitioners, judges, scholars, and students. Although I am primarily an academic, this is not a book about what the law should be. My aim is to describe objectively what the law is, although of course, at times I will note inconsistent legal principles and suggest possible solutions (both my own, and those suggested by others).
Readers might wonder why an Australian law professor has written a book on English contract damages. First, I have an immense fondness for the UK, having spent six years of my childhood living in Cheshire, after my father was transferred there for work; in fact, I completed my schooling at an English high school. Secondly, as an Australian, it is my simultaneous burden and advantage to be a comparative lawyer, whether I will or not. To understand and teach the Australian law of contract damages, I must know English law as if it were my own, but I also have the unique perspective of an outsider looking into another system. Added to this, I have some familiarity with several other jurisdictions (including New Zealand, Hong Kong, Singapore, Canada, and India). Consequently, while this book focuses on the position in England and Wales, it references the position in other jurisdictions at times. I have also tried to note where Scots law differs from the law of England and Wales. I hope, therefore, that it will be of use to readers in other jurisdictions as well.
Remedies for breach of contract (and private law remedies more generally) are a topic upon which I have written a good deal. This book has been a labour of love as my students know, I have a passion for remedies law-and I have enjoyed concentrating on contract damages. This is intended to be in between a textbook, a digest, and a treatise. My wish is to provide, so far as possible, a coherent structure, allowing practitioners, judges, scholars, and students to see how the law fits together. At the outset of each chapter, I have provided a summary of the main points from each chapter. I believe academics can provide an important service to the legal community more generally: we have time and opportunity to step back and look at the big picture, something which judges and practitioners may find more difficult as they move from one case to another.
In writing this book, I feel a little as if I am standing on the shoulders of giants. I have consulted many books written on English and Scots law by colleagues and friends, including The Law of Contract Damages,' Chitty on
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Table of Contents
Part I
Consequences of Breach
2. Measuring Expectation Loss
3. Measuring Reliance Loss (or "Wasted Expenditure)
4. Negotiating Damages and Other Reasonable Fee Awards
5. Non - Pecuniary Loss for Breach of Contract
6. Accounts of Profit for Breach of Contract
7. Other Kinds of Awards
Part II
Attribution of Responsibility
8. Causation and Contributory Negligence
9. Remoteness
10. Mitigation and Date of Assessment
Part III
Limitation and Exclusion of Liability
11. Liquidated Damages and the Rule Against Penalties
12. Clauses Excluding or Limiting Liability
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Author Details
Katy Barnett