From: Jason W Neyers
<jneyers@uwo.ca>
Sent: Tuesday 25 November 2025
14:37
To: obligations
Subject: ODG: Just Published!
Dear
Colleagues:
Congratulations
go out to ODGers Katy
Barnett (Damages
for Breach of Contract) and Adam
Kramer (The
Law of Contract Damages) on the
publication of the newest editions of their texts.
From the
descriptions:
Damages
for Breach of Contract, 3rd edition
Professor Katy Barnett provides authoritative
and practical guidance on the nature, extent and limitations of damages
individuals and companies can claim in the event of breach of contract.
Clearly setting out what the law is, this new
title is written with practitioners in mind. It will also be of real value to
students and academics as it considers some of the theoretical debates
surrounding this topic.
The book is divided into three parts and each
chapter within those parts offers a clear structure and summary of key issues
courts and parties should consider:
I. Consequences of breach of contract
Considers how to measure and understand the
concept of expectation loss; provides guidance on measuring reliance loss (or
'wasted expenditure'); outlines best approach to negotiating damages; discusses
situations where non-pecuniary loss may be awarded; looks at accounts of
profits; considers other kinds of awards (nominal, exemplary and actions for
debt)
II. Attribution of Responsibility:
Considers causation and how it operates as a
limit to the availability of damages; remoteness of damage and the rule in
Hadley v Baxendale; and explains fully how mitigation operates via the
avoidable and avoided loss rule
III. Limitation and Exclusion of Liability
Discusses how damages can be stipulated in a
contract and how that ability can be impinged upon (rule against penalties and
statutory prohibitions); considers clauses which exclude or limit liability.
In addition, a number of topics of
interest to practitioners are addressed:
▸
Breach
of warranties (eg warranties of authority, quality and reasonable care in the
context of share purchase agreements)
▸
Guidance
on pleading and proving loss, including an explanation of the fair wind
principle
▸
Damages
for breaches of dispute resolution clauses such as arbitration and exclusive
jurisdiction clauses and confidentiality agreements
▸
The
principle of transferred loss
The
Law of Contract Damages, 4th edition
Written by leading commercial law barrister and
academic, Adam Kramer KC, this work, now in its 4th edition, has established
itself as a leading practitioner text on the topic of damages in contract law
and commercial disputes and is regularly referred to and cited in and by
courts. Part II is structured according to the type of breach of obligation,
such as service obligations (includes commercial services, and also employment)
loss of use of money, providing detailed analysis facilitating the read across from
cases outside the particular practice area (most commodities lawyers don't know
landlord and tenant cases, most professional negligence lawyers don't know
employment cases, etc). It can be used by those in a particular area
(construction, sale of goods, financial disputes) whilst also providing cases
and answers outside the specialist works on those areas. Part III deals with
factual causation and actual loss. Principles of remoteness, mitigation and
legal causation are dealt with in Part IV, with Chapter 18 on causation in
practice uniquely structured in categorising cases on breaks in the chain of
causation by the type of event (e.g. claimant speculation, post-breach dealings
with defendants, receipt of benefits from third parties). Particular types of
loss requiring separate examination are dealt with in Part V whilst other
matters such as third parties and loss; negotiating damages; non-compensatory
damages, concurrent claims and exclusion clauses are discussed within Part VI.
A discount
of 20% is available by emailing your order to carmel.byrne@tr.com quoting discount code OBLIDISC or visiting www.sweetandmaxwell.co.uk
to place your order quoting code OBLIDISC at checkout. (Offer valid from 25th
November 2025 until 31st December 2025).
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
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