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McGregor on Damages, 22nd Edition

McGregor on Damages, 22nd Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414119598
  • Previous Edition ISBN: 9780414101975
  • 出版时间 June 2024
  • 规格: Hardback
  • 适应领域: Commonwealth, U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    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.

    Features:

    • 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.

     

    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.
  • Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of Civil Procedure Rules

    1. Introductory
    A Definition of Damages
    The Coverage of Damages

    BOOK 1
    COMPENSATORY DAMAGES
    Part 1
    Object & Terminology
    2. The Object Of An Award Of Compensatory Damages
    3. Terminology used in Compensatory Damages Awards
    Part 2
    The Heads of Compensatory Damages
    4. Pecuniary Losses
    5. Non-Pecuniary Losses
    Part 3
    The Limits of Compensatory Damages
    6. The General Problem of Limits
    7. Reduction of Damages for Contributory Negligence
    8. Remoteness of Damage
    9. Mitigation of Damages
    10. Certainty of Damage
    11. Past and Prospective Damage

    BOOK 2
    NON-COMPENSATORY DAMAGES
    12. Nominal Damages
    13. Exemplary Damages
    14. Restitutionary Damages
    15. Liquidated Damages
    16. Vindicatory Damages

    BOOK 3
    VARIOUS GENERAL FACTORS IN THE ASSESSMENT OF DAMAGES
    17. The Incidence of Taxation
    18. The Awarding of Interest
    19. The Effect of Changes on Value
    20. The Recovery of Costs, Damages and Fines Incurred in Previous Proceedings
    21. Damages in Actions Surviving Death

    BOOK 4
    PARTICULAR CONTRACTS & TORTS
    22. The Measure of Damages in Contract & Tort Compared
    Part 1
    CONTRACT
    23. Sale of Goods
    24. Hire & Hire-Purchase of Goods
    25. Sale of Land
    26. Lease of Land
    27. Sale of Shares and Loan of Stock
    28. Contracts to Pay or to Lend Money
    29. Construction Contracts
    30. Contracts of Carriage
    31. Contracts of Employment
    32. Contracts for Professional and Other Services
    33. Contracts Concerning Principal and Agent
    34. Contracts of Warranty of Authority by Agent
    Part 2
    TORT
    35. Torts Affecting Goods: Damage and Destruction
    36. Torts Affecting Goods: Misappropriation
    37. Torts Affecting Land
    38. Torts Causing Personal Injury
    39. Torts Causing Death
    40. Assault and False Imprisonment
    41. Statutory Torts: Discrimination and Harassment
    42. Malicious Institution of Legal Proceedings
    43. Misfeasance In Public Office
    44. Defamination
    45. Invasion of Privacy
    46. Economic Torts
    47. Misrepresentation
    BOOK 5
    HUMAN RIGHTS
    (Chapter on the HRA Contributed by
    Martin Spencer Q.C.)
    48. Damages Under the Human Rights Act
    BOOK 6
    PROCEDURE
    (Chapters on Procedure Revised by
    Julian Picton Q.C)
    49. The Statement of Case
    50. The Trial
    51. Appeals
    Index

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