Thorogood Reports Series Read Description

Commercial Litigation

The Consequences of Breach of Contract - Damages and Other Remedies

November 2011
More details
  • Publisher
  • Published
    11th November 2011
  • ISBN 9781854187482
  • Language English
  • Pages 200 pp.
  • Size 8.25" x 11.75"

The law on remedies for breach of contract is technical and complex, built mainly from legal precedent. This Report aims to provide advice, guidance and remedies for those who deal directly with contracts and contractual problems (in businesses and other organizations) as well as for those whose work is affected by the contents of a contract. It is relevant for drafting and negotiating contract terms as well as for problems arising from performance of the contract.

Who should read this report?

- In-house Lawyers
- Commercial and Contract Directors
- Litigation Practitioners
- Practitioners bringing and defending claims, and those drafting and negotiating contracts.

1. Introduction
Contract breach and remedy
Contract or tort

2. Alternatives to litigation for breach of contract
Contractual alternatives to litigation
Procedural alternatives to litigation

3. Basic principles
Repudiatory breach
Anticipatory breach
Risks for the innocent party
Contractual right of termination
Basis for damages
Objective of damages
Loss or damage suffered
Public policy
Foreseeability of loss
Expectation loss
Reliance loss

4. Measuring damages
Compensation as if the contract had been performed
Intervening events
Consequential loss or damage
Time for assessment
The rule against double counting
Foreign currency
Deposits and part payments
Liquidated damages
Contributory negligence

5. Specific kinds of awards
Loss of a chance
Disappointment or mental distress
Loss of amenity

6. Other remedies
Claim for an agreed sum
Equitable remedies
Specific performance
Declaratory judgment
Account of profits

Rachel Burnett

Rachel Burnett is a solicitor with her own independent legal practice in IT legal services. Formerly a partner in City law firms, she has specialized in commercial IT/IP law since the early days of IT legal practice in the mid-'80s. Before her legal career, Rachel was an IT professional in system development and project management.