Professor Katy Barnett provides authoritative and practical guidance on the nature, extent and limitations of damages individuals and companies can claim in the event of breach of contract.
Clearly setting out what the law is, this new title is written with practitioners in mind. It will also be of real value to students and academics as it considers some of the theoretical debates surrounding this topic.
The book is divided into three parts and each chapter within those parts offers a clear structure and summary of key issues courts and parties should consider:
I. Consequences of breach of contract
Considers how to measure and understand the concept of expectation loss; provides guidance on measuring reliance loss (or ‘wasted expenditure’); outlines best approach to negotiating damages; discusses situations where non-pecuniary loss may be awarded; looks at accounts of profits; considers other kinds of awards (nominal, exemplary and actions for debt)
II. Attribution of Responsibility:
Considers causation and how it operates as a limit to the availability of damages; remoteness of damage and the rule in Hadley v Baxendale; and explains fully how mitigation operates via the avoidable and avoided loss rule
III. Limitation and Exclusion of Liability
Discusses how damages can be stipulated in a contract and how that ability can be impinged upon (rule against penalties and statutory prohibitions); considers clauses which exclude or limit liability.
In addition, a number of topics of interest to practitioners are addressed:
- Breach of warranties (eg warranties of authority, quality and reasonable care in the context of share purchase agreements)
- Guidance on pleading and proving loss, including an explanation of the fair wind principle
- Damages for breaches of dispute resolution clauses such as arbitration and exclusive jurisdiction clauses and confidentiality agreements
- The principle of transferred loss
WHAT’S NEW
This new edition has been fully updated to take account of important case law developments. See in particular:
- Armstead v Royal Sun Alliance Insurance Company Limited [2024] UKSC 6, [2024] 2 W.L.R. 632;
- Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17, 98 A.L.J.R. 719;
- Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB);
- Durber v PPB Entertainment Ltd [2025] EWHC 498 (KB);
- Hapag-Lloyd AC v Skyros Maritime Corporation [2024] EWHC 3139;
- Houssein v London Credit Limited [2024] EWCA Civ 721;
- Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corp [2024] EWHC 35 (TCC);
- Kieran Corrigan & Co Limited v OneE Group Limited [2024] EWHC 2146 (Ch);
- Last Bus Limited v Dawsongroup Bus and Coach [2023] EWCA Civ 1297, [2023] 4 W.L.R. 80;
- Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC);
- MDW Holdings Ltd v Norvill [2022] EWCA Civ 883; [2023] 4 W.L.R. 33;
- Parker-Grennan v Camelot UK Lotteries Ltd [2024] EWCA Civ 185;
- Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies plc [2023] EWHC 2506 (TCC);
- PA(GI) Limited v Cigna Insurance Services (Europe) Limited [2023] EWHC 1360 (Comm);
- Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10, [2025] 2 W.L.R. 529;
- Secretary of State for the Department for Environment, Food and Rural Affair v Public and Commercial Services Union [2024] UKSC 41; [2024] 3 W.L.R. 1059;
- Sharp Corp Ltd v Viterra BV [2024] UKSC 14, [2024] Bus. L.R. 871
- Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440, [2022] 2 All E.R. (Comm) 1082;
- Southgate v Graham [2024] EWHC 1692 (Ch), [2025] 4 W.L.R. 30; and
- Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, [2025] I.C.R. 107
