1. THE STARTING POINT FOR CALCULATIONS: A comparison of different remedies available for breach of contract; Selecting the appropriate remedy; The remedy of Quantum Meruit; Damages versus debt; Contract or tort?; Damages: the basic principles of assessment; The rules of remoteness; Remoteness of damages; Putting together several different heads of claim; Damages for mental distress; Interest and financing charges; What is 'consequential loss, or damage'; how does it relate to the principles already set out?; 2. THE MEASUREMENT OF DAMAGES: Putting figures to the claim; The rule against double counting; Taxation and 'double counting'; Double counting and the recouping of loss; The rules about mitigation of loss; 3. SPECIAL CASES INVOLVING DAMAGES: Damages for loss of a chance; Chances of earning or of profitability; Contributory negligence and the measurement of damages; Drafting terms to control remedies; The Unfair Contract Terms Act 1977; Liquidated damages; Clauses about currency and interest; The breach date rule; Summarising the principles applicable to a claim for damages; 4. OTHER REMEDIES FOR BREACH OF CONTRACT: The remedies; ; The declaratory judgment; ; Retention of a deposit; Rescission; Specific performance and specific delivery; Injunctions; The remedy of rectification; Indemnities: what is their purpose?; APPENDICES: List of cases cited; List of statutes and other enactments mentioned in this report; 5. APPENDIX 1--THE MILLENNIUM DOME CASE; 6. APPENDIX 2--LIST OF CASES.
Damages and Other Remedies for Breach of Commercial Contracts