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McGregor on Damages

McGregor on Damages
22nd Edition
Series:  Common Law Library
Practice Area:  Contract Law, Damages, Litigation, Tort
ISBN:  9780414119703
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2024
Format:  Hardback, eBook - ProView
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PRODUCT DESCRIPTION

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law.

  • Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages
  • Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages
  • Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits
  • Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages
  • Goes through the statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, torts and human rights such as below:

Contracts

  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services

Torts

  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office

Human Rights

  • Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum.

The 22nd edition contains a number of significant new features:

  • Each and every chapter of the book's chapters has been updated and many have been very substantially revised.
  • An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt".
  • Coverage of significant recent case law developments in the law of damages including: Lloyd v Google LLC [2021] UKSC 50; [2022] AC 1217 (data protection and licence fee damages) Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20; [2022] AC 783 and Meadows v Khan [2021] UKSC 21; [2022] AC 852 (scope of a defendant's duty and remoteness of damage); Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] AC 649 and Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) (causation of loss); K Line Pte Ltd v Priminds Shipping (HK) Co Ltd ("The MV Eternal Bliss") [2021] EWCA Civ 1712; [2022] 3 All ER 396 (demurrage); Henry v Attorney-General of St Lucia [2023] UKPC 41, R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin) and Oluponle v Home Office [2023] EWHC 3188 (KB) (false imprisonment); Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 and Charles B Lawrence & Associates v Intercommercial Bank Ltd [2021] UKPC 30 (remoteness of damage); E D & F Man Capital Markets Ltd v Come Harvest Holdings Ltd [2022] EWCA Civ 1704 (mitigation of loss); Attorney General of Trinidad and Tobago v JM (a minor by his kin and next friend NM) [2022] UKPC 54 (vindicatory damages); Arsalan v Rixon [2021] HCA 40; (2021) 274 CLR 606 (damage to goods); Tuke v Hood [2022] EWCA Civ 23; [2022] QB 659 (deceit); Swift v Carpenter [2020] EWCA Civ 1295; [2021] QB 339 (personal injury).
  • Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information.
  • Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States.
  • Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

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