Damages for Breach of Contract by Katy Barnett – 2nd Edition | 2023

Damages for Breach of Contract by Katy Barnett – 2nd Edition 2023

The new book Damages for Breach of Contract, authored by remedies law expert Professor Katy Barnett, offers authoritative and practical insights into the nature, scope, and limitations of damages that individuals and companies can claim following a breach of contract.

While focusing primarily on English law, the book also examines relevant aspects from other jurisdictions, including Australia and Singapore. It clearly explains the current legal landscape and is written with practitioners in mind, making it valuable to students and academics by addressing some of the theoretical debates surrounding this subject.

Features of Damages for Breach of Contract by Katy Barnett – 2nd Edition:

**Consequences of Breach of Contract:**

- Explores how to assess and understand the concept of expectation loss.
- Addresses specific topics of interest to practitioners, such as breaches related to the sale of goods, including non-delivery, failure to accept delivery, delays, and the supply of defective goods.
- Examines failures to build or repair property as promised and when the 'cost of cure' might be applicable.
- Discusses failures to provide services as promised, and the concepts of loss of chance and loss of opportunity.
- Offers guidance on assessing reliance loss (or 'wasted expenditure').
- Suggests the best approaches for negotiating damages in light of recent case law.
- Examines situations where non-pecuniary loss might be awarded.
- Reviews accounts of profits.
- Considers various types of awards, including nominal and exemplary damages and actions for debt.

**Attribution of Responsibility:**

- Analyzes causation and its role in limiting the availability of damages.
- Explores the remoteness of damage and the rule established in *Hadley v. Baxendale*.
- Provides a thorough explanation of how mitigation operates via the avoidable and avoided loss rule.

**Limitation and Exclusion of Liability:**

- Discusses how damages can be predetermined in contracts and how this ability may be affected by the rule against penalties and statutory prohibitions.
- Reviews clauses that exclude or limit liability.

Additionally, the book covers various topics of interest to practitioners:

- Breach of warranties, such as authority, quality, and reasonable care warranties in share purchase agreements.
- Guidance on pleading and proving loss, including the fair wind principle from *Armorie v. Delamirie (1772)*.
- Damages for breaches of dispute resolution clauses, such as arbitration, exclusive jurisdiction clauses, and confidentiality agreements.
- Damages related to liabilities to third parties resulting from contract breaches, such as litigation costs against third parties or defendants, liability to the claimant's buyer, and settlements with third parties.
- The principle of transferred loss, recently considered in *Lowick Rose LLP v. Swynson Ltd [2017] UKSC 32*.

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