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McGregor on Damages

McGregor on Damages
21st Edition, Mainwork & 2nd Supplement
Series:  Common Law Library
Practice Area:  Damages
ISBN:  9780414101975
Published by:  Sweet & Maxwell
Publication Date:  21 Nov 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback, Paperback
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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 over 50 years.
Part of the Common Law Library McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages, and damages that permit disgorgement of a defendant's profits
  • Examines such issues as periodical payments and interest on damages
  • Goes through 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 Second Cumulative Supplement to the Twenty-First edition covers all the latest developments in the law of damages since publication of the Twenty-First edition in December 2020 and the First Supplement to that edition. These include important decisions on licence fee damages, breaches of undertakings as to damages, scope of damages exclusion clauses, liquidated damages for demurrage, penalty clauses, income tax and equitable compensation or disgorgement of profits, undertakings as to damages, the Simmonds v Castle uplift, the extent of recovery of care hire costs as damages for loss of use of a car, provisional damages for personal injury, damages for defamation, additional damages for intellectual property infringements, interest and damages for deceit.
Case updates include:
  • Lloyd v Google LLC [2021] UKSC 50; [2021] 3 WLR 1268 which was a case concerning a claim for damages under s. 13 of the Data Protection Act in the context of an application for permission to serve a claim form on Google LLC. In the course of that consideration that claim, Lord Leggatt expressed important views about the availability of user damages for a claim for misuse of private information. 
  • Ennismore Fund Management Ltd v Fenris Consulting Ltd [2022] UKPC 27 and Dr Reddy's Laboratories (UK Limited) v Warner-Lambert Company Ltd [2021] EWHC 2182 (Ch) in which the Privy Council and the Chancery Division, respectively, considered and applied the principles concerning the calculation of loss flowing from a breach of an undertaking as to damages, addressing issues including those of causation and loss of chance. The issue of loss flowing from breach of an undertaking as to damages was introduced as a new chapter in the 20th edition of this book and updated in the 21st edition.
  • Arsalan v Rixon [2021] HCA 40; (2021) 395 ALR 390 and Armstead v Royal Sun Alliance Insurance Company [2022] EWCA Civ 497, decisions of the High Court of Australia and the Court of Appeal of England and Wales which considered ongoing issues related to the quantum of damages following a motor vehicle collision due to negligence which results in the innocent party hiring a substitute vehicle during the period of repairs. 
  • K-Line Pte Ltd v Priminds Shipping (HK) Co Ltd ("The Eternal Bliss") [2021] EWCA Civ 1712; [2022] 3 All ER 396 in which the Court of Appeal finally resolved a difficult question of damages that has plagued the courts for a century: when, if at all, is it possible to recover unliquidated damages separately from a demurrage clause for breach of a charterparty?

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  • Chapter 1: Introductory; 
Part 1A Compensatory Damages: Object and Terminology; 
  • Chapter 2: The Object of an Award of Compensatory Damages; 
  • Chapter 3: Terminology used in Compensatory Damages Awards; 
Part 1B The Heads of Compensatory Damages; 
  • Chapter 4: Pecuniary losses ; 
  • Chapter 5: Non-Pecuniary Losses; 
  • Chapter 6: The General Problem of Limits; 
  • Chapter 7: Reduction of Damages for Contributory Negligence; 
  • Chapter 8: Remoteness of Damage; 
  • Chapter 9: Mitigation of Damage; 
  • Chapter 10: Certainty of Damage; 
  • Chapter 11: Past and Prospective Damage; 
Part 2 Non-Compensatory Damages; 
  • Chapter 12: Nominal Damages; 
  • Chapter 13: Exemplary Damages; 
  • Chapter 14: Restitutionary Damages; 
  • Chapter 15: Disgorgement Damages (Account of Profits); 
  • Chapter 16: Liquidated Damages; 
  • Chapter 17: Vindicatory Damages; 
Part 3 Various General Factors in the Assessment of Damages; 
  • Chapter 18: The Incidence of Taxation; 
  • Chapter 19: The Awarding of Interest; 
  • Chapter 20: The Effect of Changes in Value; 
  • Chapter 21: The Recovery of Costs, Damages and Fines Incurred in Previous Proceedings; 
  • Chapter 22: Breach of Undertakings as to Damages; 
  • Chapter 23: Damages in Actions Surviving Death; 
  • Chapter 24: The Measure of Damages in Contract and Tort Compared;
Part 4A Contract; 
  • Chapter 25: Sale of Goods; 
  • Chapter 26: Hire and Hire-Purchase of Goods; 
  • Chapter 27: Sale of Land; 
  • Chapter 28: Lease of Land; 
  • Chapter 29: Sale of Shares and Loan of Stock; 
  • Chapter 30: Contracts to Pay or to Lend Money; 
  • Chapter 31: Construction Contracts; 
  • Chapter 32: Contracts of Carriage; 
  • Chapter 33: Contracts of Employment; 
  • Chapter 34: Contracts for Professional and Other Services; 
  • Chapter 35: Contracts Concerning Principal and Agent; 
  • Chapter 36: Contracts of Warranty of Authority by Agent; 
Part 4B Tort; 
  • Chapter 37: Torts Affecting Goods: Damage and Destruction; 
  • Chapter 38: Torts Affecting Goods: Misappropriation; 
  • Chapter 39: Torts Affecting Land; 
  • Chapter 40: Torts Causing Personal Injury; 
  • Chapter 41: Torts Causing Death; 
  • Chapter 42: Assault and False Imprisonment; 
  • Chapter 43: Statutory Torts: Discrimination and Harassment; 
  • Chapter 44: Malicious Institution of Legal Proceedings; 
  • Chapter 45: Misfeasance in Public Office; 
  • Chapter 46: Defamation; 
  • Chapter 47: Invasion of Privacy; 
  • Chapter 48: Economic Torts and Intellectual Property Wrongs; 
  • Chapter 49: Misrepresentation; 
Part 5 Human Rights; 
  • Chapter 50: Damages Under the Human Rights Act; 
Part 6 Procedure; 
  • Chapter 51: The Statement of Case; 
  • Chapter 52: The Trial; 
  • Chapter 53: Ap


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