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Chapter

Cover Essential Cases: Contract Law

One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Koffman, Macdonald & Atkins' Law of Contract

20. Damages  

This chapter deals with the primary remedy for breach of contract: damages. It looks at the basic test, which allows for the recovery of expectation loss, and also considers recovery of reliance loss and a restitutionary sum. The assessment for, and availability of, negotiating damages as recently affirmed by the Supreme Court in One Step (Support) LTD v Morris-Garner and Another (2019) is explored. The further limitations on recovery such as remoteness and the ‘duty’ to mitigate are considered, as is the distinction between liquidated damages and penalty clauses. The problem of recovering for non-financial losses—mental distress and the consumer surplus—is also addressed. Finally, the chapter looks at how the rules on penalties have been relaxed with the landmark judgments in Cavendish and ParkingEye (2015).

Chapter

Cover Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Contract Law Directions

11. Damages  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

Chapter

Cover Essential Cases: Contract Law

Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Lunney & Oliphant's Tort Law

15. Damages for Personal Injury  

Donal Nolan and Ken Oliphant

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages that may be awarded (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages and contemptuous damages), before addressing the traditional lump-sum approach to the award of damages and the more recent introduction of periodical payments by way of alternative, and the calculation of damages for personal injury (with separate consideration of non-pecuniary losses, loss of earnings, the cost of medical care and the deduction of other benefits received as a result of the tort).

Chapter

Cover Tort Law: Text and Materials

16. Damages for Personal Injury  

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages, and contemptuous damages); lump sums and periodical payments; and damages for personal injury (non-pecuniary losses, loss of earnings, medical care, and deductions).

Chapter

Cover Contract Law Directions

11. Damages  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

Chapter

Cover The English Legal System

18. Remedies and Appeals  

Alisdair A. Gillespie and Siobhan Weare

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

Chapter

Cover A Practical Approach to Effective Litigation

14. Pursuing Appropriate Remedies  

The main purpose of most litigation is to secure a remedy or relief. That is the reason why the claimant starts the action, and it should be the focus of many decisions relating to the case. From the first contact with the client, lawyers must be clear about what the client really wants to achieve, and decisions about causes of action, evidence, and interim applications should focus on the remedies and relief being pursued. This chapter discusses the remedies a court can and cannot order; claims for damages; quantification of damages; and claims for interest on top of claims for the payment of a sum of money or damages. The final section covers the importance of taking a proactive approach to claiming and quantifying damages.

Chapter

Cover An Introduction to Tort Law

14. Damages  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter focuses on damages. Most victims of torts want money, often, as much as they can. However, a claimant may also be awarded damages when what he really wants is an injunction to put an end to a continuing wrong: here the damages are not compensatory at all, but just a sop, and not one which the complainant would regard as ‘just satisfaction’. The chapter discusses damages for economic harm and human harm, payment of damages, fatal accident claims, property damage, aggravated damages, and punitive damages.

Chapter

Cover An Introduction to Tort Law

4. Causation  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the issue of causation. Damages are due to the victim only if the harm was due to the tortfeasor. The harm must be the effect of the defendant's misconduct and causation must be established. The principal question to ask in matters of causation is: Did the breach of duty contribute to the occurrence of the harm? At all costs one must avoid the easy supposition that a result can have only one cause, or that one must seek out the ‘main’ cause, relevant though this may be in claims under an insurance policy. The chapter also identifies three ways that the law lets a defendant off the hook even though the harm would not have occurred but for his negligence. These are the rules of remoteness, intervention, and purpose.

Chapter

Cover An Introduction to Tort Law

8. Contributory Negligence  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses the law on contributory negligence. In England, contributory negligence denotes only the negligence of the claimant himself, not that of a third party whose negligence contributes to the occurrence of the harm. Under the Contributory Negligence Act 1945, the claimant's damages are reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage. The chapter also deals with contributory negligence as a defence that the defendant must plead and prove. It considers two defences. The first is that the claimant consented to the harmful conduct or accepted the risk of ensuing damage; the second that the claim arose out of illicit conduct on the part of the claimant.

Chapter

Cover The English Legal System

18. Remedies and Appeals  

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases, it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

21. Remedies for Breach of Contract  

M P Furmston

This chapter discusses remedies for breach of contract. It covers damages (remoteness of damage and measure of damages; mitigation; contributory negligence; liquidated damages and penalties; and deposits, part payments, and forfeitures), specific performance (specific performance a discretionary remedy; the principle of mutuality; and the remedy of injunction), and extinction of remedies (the statutory time limits; effect of defendant’s fraud; extension of time in case of disability; effect of acknowledgement or part payment; and effect of lapse of time on equitable claims).

Book

Cover Casebook on Tort Law

Kirsty Horsey and Erika Rackley

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Chapter

Cover Casebook on Tort Law

19. Damages for death and personal injuries  

The law relating to damages for personal injuries is a large and complicated subject. Where a living claimant sues, the award will usually be for a lump sum to compensate for such matters as loss of future income, pain, suffering and loss of amenity. This once and for all payment has the advantage of finality and is preferred by many claimants, but there may be occasions where it is inappropriate. The chapter focuses on what damages are awarded for in tort law and how they are calculated, as well as some of the criticisms and problems that such calculations often raise. It discusses types of action for damages, calculation of loss of earnings and other losses and intangible losses.