This valuable report sets out a systematic approach for assessing the remedies available for various types of breach of contract, what the remedies mean in terms of compensation and how the compensation is calculated. It examines the most recent case law as well as classic earlier cases and explores the issues involved; in particular the defenses.The report provides numerous examples of effective drafting of terms controlling and limiting remediesas well as illustrating the type of poor drafting to be avoided. Plus helpful tables, figures and calculations and a search analysis of the mathematical and financial implications of awarded damages.
About the Author
Robert Ribeiro , Barrister, has been an independent lawyer, public speaker and business consultant since 1989. His work includes the drafting and negotiations of commercial contracts and advising upon legal problems arising in commercial dealings. His work also includes the provision of public seminars and in-house training for commercial clients. He is author of the book Engineering Contracts - A Management Guide and the report Drafting Commercial Contracts.
Table of Contents
1. THE STARTING POINT FOR CALCULATIONS: A comparison of different remedies available for breach of contract; Selecting the appropriate remedy; The remedy of Quantum Meruit; Damages versus debt; Contract or tort?; Damages: the basic principles of assessment; The rules of remoteness; Remoteness of damages; Putting together several different heads of claim; Damages for mental distress; Interest and financing charges; What is 'consequential loss, or damage'; how does it relate to the principles already set out?; 2. THE MEASUREMENT OF DAMAGES: Putting figures to the claim; The rule against double counting; Taxation and 'double counting'; Double counting and the recouping of loss; The rules about mitigation of loss; 3. SPECIAL CASES INVOLVING DAMAGES: Damages for loss of a chance; Chances of earning or of profitability; Contributory negligence and the measurement of damages; Drafting terms to control remedies; The Unfair Contract Terms Act 1977; Liquidated damages; Clauses about currency and interest; The breach date rule; Summarising the principles applicable to a claim for damages; 4. OTHER REMEDIES FOR BREACH OF CONTRACT: The remedies; ; The declaratory judgment; ; Retention of a deposit; Rescission; Specific performance and specific delivery; Injunctions; The remedy of rectification; Indemnities: what is their purpose?; APPENDICES: List of cases cited; List of statutes and other enactments mentioned in this report; 5. APPENDIX 1THE MILLENNIUM DOME CASE; 6. APPENDIX 2LIST OF CASES.