Full Description
The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous edition in 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but a few, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence).
In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, and Equitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.
Contents
PART ONE INTRODUCTION
1: General
2: The impact of the Human Rights Act 1998
PART TWO COMPENSATION
SECTION ONE GENERAL PRINCIPLES IN ASSESSING COMPENSATORY DAMAGES
3: Introduction to compensatory damages
4: Factual causation
5: Proof of loss and loss of a chance
6: Contractual reliance damages
7: Principles limiting compensatory damages
8: Compensating advantages
9: Form of compensatory damages, date for assessment, taxation
SECTION TWO DAMAGES FOR THE DIFFERENT TYPES OF LOSS
10: Pecuniary loss (except consequent on personal injury, death or loss of reputation)
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)
SECTION THREE MISCELLANEOUS ISSUES RELEVANT TO COMPENSATORY DAMAGES
15: Interest as damages and interest on damages
16: Limitation periods
17: Equitable (compensatory) damages
18: Negotiating damages
PART THREE RESTITUTION AND PUNISHMENT
19: Restitutionary remedies (for torts and breach of contract)
20: Punitive damages
PART FOUR COMPELLING PERFORMANCE OR PREVENTING (OR COMPELLING THE UNDOING OF) A WRONG
21: The award of an agreed sum
22: Specific performance
23: Injunctions
24: Delivery up
PART FIVE DECLARING RIGHTS
25: Nominal and contemptuous damages and declarations
PART SIX REMEDIES FOR EQUITABLE WRONGS
26: Remedies for equitable wrongs
