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McGregor on Damages

McGregor on Damages
22nd Edition
Series:  Common Law Library
Practice Area:  Contract Law, Damages, Litigation, Tort
ISBN:  9780414119598
Published by:  Sweet & Maxwell
Publication Date:  30 Jun 2024
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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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CONTENTS

  • Chapter 1: The Meaning of Damages and Compensation at Common Law and in Equity;
  • Chapter 2: The Object of Compensatory Damages at Common Law;
  • Chapter 3: The Common Law Terminology in Compensatory Damages and in Consequential Loss Claims;
  • Chapter 4: Equitable Damages;
  • Chapter 5: Pecuniary Losses;
  • Chapter 6: Non-Pecuniary Losses;
  • Chapter 7: The General Problem of Limits;
  • Chapter 8: Reduction of Damages for Contributory Negligence;
  • Chapter 9: Causation of Damage, Scope of Duty, and Remoteness of Damage;
  • Chapter 10: Mitigation of Damage;
  • Chapter 11: Certainty of Damage, Presumptions of Damage, and Loss of Chance;
  • Chapter 12: Past and Prospective Damage;
  • Chapter 13: Nominal Damages;
  • Chapter 14: Exemplary Damages;
  • Chapter 15: Licence Fee (Negotiating or User) Damages;
  • Chapter 16: Account and Disgorgement of Profits;
  • Chapter 17: Liquidated Damages and Penalties;
  • Chapter 18: Vindicatory Damages;
  • Chapter 19: The Incidence of Taxation;
  • Chapter 20: The Awarding of Interest;
  • Chapter 21: The Effect of Changes in Value;
  • Chapter 22: Costs, Damages and Fines in Previous Proceedings;
  • Chapter 23: Undertakings as to Damages;
  • Chapter 24: Damages in Actions Surviving Death;
  • Chapter 25: The Measure of Damages in Contract Compared with Torts;
  • Chapter 26: Sale of Goods;
  • Chapter 27: Hire and Hire-Purchase of Goods;
  • Chapter 28: Sale of Land;
  • Chapter 29: Lease of Land;
  • Chapter 30: Sale of Shares and Loan of Stock;
  • Chapter 31: Contracts to Pay or to Lend Money;
  • Chapter 32: Construction Contracts;
  • Chapter 33: Contracts of Carriage;
  • Chapter 34: Contracts of Employment;
  • Chapter 35: Contracts for Professional and Other Services;
  • Chapter 36: Contracts Concerning Principal and Agent;
  • Chapter 37: Contracts of Warranty of Authority by Agent;
  • Chapter 38: Torts Affecting Goods: Damage and Destruction;
  • Chapter 39: Torts Affecting Goods: Misappropriation;
  • Chapter 40: Torts Affecting Land;
  • Chapter 41: Torts Causing Personal Injury;
  • Chapter 42: Torts Causing Death;
  • Chapter 43: Assault and False Imprisonment;
  • Chapter 44: Statutory Torts: Discrimination, Harassment and Intentional Infliction of Harm;
  • Chapter 45: Malicious Institution of Legal Proceedings;
  • Chapter 46: Misfeasance in Public Office;
  • Chapter 47: Defamation;
  • Chapter 48: Privacy, Confidence and Private Information;
  • Chapter 49: Economic Torts and Intellectual Property Wrongs;
  • Chapter 50: Misrepresentation;
  • Chapter 51: Damages under the Human Rights Act;
  • Chapter 52: Pre-Action Conduct, the Statement of Case and Case Management to Trial;
  • Chapter 53: The Trial;
  • Chapter 54: Appeals

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