McGregor on Damages 22nd Edition eBook

McGregor on Damages 22nd Edition eBook

eBook - ProView

$1,157.00* RRP + GST

Date: 25/06/2024

Code: 9780414119710

Sweet & Maxwell, UNITED KINGDOM

 

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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
  • 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.

Table of Contents

Chapter 1: THE MEANING OF DAMAGES AND COMPENSATION AT COMMON LAW AND IN EQUITY; 
Chapter 2: THE OBJECT OF AN AWARD OF COMPENSATORY DAMAGES; 
Chapter 3: THE TERMINOLOGY IN COMPENSATORY DAMAGES AND IN CONSEQUENTIAL LOSS CLAUSES; 
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: CAUSATION OF DAMAGE, SCOPE OF DUTY, AND REMOTENESS OF DAMAGE; 
Chapter 9: Mitigation of Damage; 
Chapter 10: CERTAINTY OF DAMAGE, PRESUMPTIONS OF DAMAGE, AND LOSS OF CHANCE; 
Chapter 11: Past and Prospective Damage; 
Chapter 12: Nominal Damages; 
Chapter 13: Exemplary Damages; 
Chapter 14: LICENCE FEE (NEGOTIATING AND USER) DAMAGES; 
Chapter 15: Account and Disgorgement of Profits; 
Chapter 16: Liquidated Damages and Penalties; 
Chapter 17: Vindicatory Damages; 
Chapter 18: The Incidence of Taxation; 
Chapter 19: The Awarding of Interest; 
Chapter 20: The Effect of Changes in Value; 
Chapter 21: COSTS, DAMAGES AND FINES 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; 
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; 
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: PRIVACY, CONFIDENCE AND PRIVATE INFORMATION; 
Chapter 48: Economic Torts and Intellectual Property Wrongs; 
Chapter 49: Misrepresentation; 
Chapter 50: Damages Under the Human Rights Act; 
Chapter 51: PRE-ACTION CONDUCT, THE STATEMENT OF CASE AND CASE MANAGEMENT TO TRIAL; 
Chapter 52: The Trial; 
Chapter 53: Appeals
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