A great deal has changed in the last few years...a new emphasis on claims for damages such as loss of business, opportunity, chance, use and data and recent landmark cases have altered the ground-rules. This valuable report has been completely updated since it first appeared in 2002 (Damages and other remedies for breach of commercial contract): it includes accounts of all the most recent important cases and highlights significant changes in the way that the courts now assess damages. It sets out a systematic approach for assessing the remedies available for various types of breach of contract, what the remedies mean in terms of compensation, and how the compensation is calculated. It examines the most recent Case Law as well as classic earlier cases, and explores the issues involved, in particular the defences. The report provides numerous examples of effective drafting of terms controlling and limiting remedies - as well as illustrating the type of poor drafting to be avoided. Plus helpful tables, figures and calculations and a searching analysis of the mathematical and financial implications of awarded damages. What is new? Time-honoured principles, long regarded as rules - e.g. 'new for old' compensation - have gone by the board; courts have moved from applying broad principles to making judgments based on the precise facts in front of them - known as the 'fact-specific' approach; and in some cases the same set of facts can now be argued either on the basis of contract or of tort - which way you go is a crucial question of tactics.
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