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McGregor on Damages 20th edition [Kietas viršelis]

Other , Other , General editor
  • Formatas: Hardback, 2138 pages
  • Išleidimo metai: 13-Dec-2017
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414064151
  • ISBN-13: 9780414064157
Kitos knygos pagal šią temą:
McGregor on Damages 20th editionDidesnis paveikslėlis
  • Formatas: Hardback, 2138 pages
  • Išleidimo metai: 13-Dec-2017
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414064151
  • ISBN-13: 9780414064157
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780414064157.html
Raktažodžiai:
A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is the leading authority on damages. As part of the Common Law Library, McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages. The 20th edition contains a number of significant new features: A new chapter on account of profits/disgorgement damages and an almost complete rewrite of the chapter on restitutionary damages.  These are two types of gain-based damages remedy which are often neglected and commonly misunderstood. A new chapter on damages for breach of court undertakings including undertakings given in order to secure an injunction Increased coverage of monetary awards in equity.  This is an area which saw greater alignment with common law damages in the Supreme Court decision in AIB Group (UK) Plc v Mark Redler & Co Solicitors [ 2014] UKSC 58; [ 2014] 3 WLR 1367 Comprehensive treatment of major new decisions of the Supreme Court including: Cavendish Square Holdings v Makdessi and ParkingEye Ltd v Beavis [ 2015] UKSC 67; [ 2015] 3 WLR 1373 (penalties); Globalia Business Travel SAU v Fulton Shipping Inc of Panama [ 2017] UKSC 43 (mitigation); BPE Solicitors v Hughes-Holland [ 2017] UKSC 21 (negligent advice, causation and remoteness of damage); International Energy Group Ltd v Zurich Insurance Plc UK [ 2015] UKSC 33 (causation of loss); Lowick Rose LLP v Swynson Ltd [ 2017] UKSC 32 (avoided loss); Knauer (Widower and Administrator of the Estate of Sally Ann Knauer) (Appellant) v Ministry of Justice (Respondent) [ 2016] UKSC 9 (calculation of multipliers after date of death); Jackson v Murray [ 2015] UKSC 5 (contributory negligence);  Bunge SA v Nidera BV [ 2015] UKSC 43 (time of assessment and agreed damages clauses) Discussion and explanation of significant developments in the Court of Appeal and High Court in relation to damages for personal injuries, professional negligence, breach of privacy and misuse of private information, consequential loss clauses, pure economic loss, aggravated damages, vindicatory damages and many more.
Foreword
Preface
1 Introductory
1 A Definition of Damages
1(19)
2 The Coverage of Damages
20
PART 1A COMPENSATORY DAMAGES: OBJECT AND TERMINOLOGY
2 The Object of an Award of Compensatory Damages
(1) The principle of compensation
1(3)
(2) Compensation less than loss
4(1)
(3) Compensation greater than loss
5(4)
(4) Compensation is not discretionary
9
3 Terminology Used in Compensatory Damages Awards
(1) General and special damage
1(6)
(2) Normal and consequential losses
7
PART 1B THE HEADS OF COMPENSATORY DAMAGES
4 Pecuniary Losses
I Contract
2(48)
1 Basic Pecuniary Losses: the Normal Measure of Damages
2(16)
2 Consequential Pecuniary Losses
18(6)
3 An Alternative Measure: Recovery for Expenses Rendered Futile by the Breach
24(26)
II Tort
50
1 Basic Pecuniary Losses: the Normal Measure of Damages
51(3)
2 Consequential Pecuniary Losses
54
5 Non-pecuniary Losses
I Tort
2(13)
(1) Pain and suffering and loss of amenities
4(6)
(2) Physical inconvenience and discomfort
10(1)
(3) Social discredit
11(1)
(4) Mental distress
12(3)
II Contract
15
(1) Physical inconvenience and discomfort
17(3)
(2) Pain and suffering and loss of amenities
20(3)
(3) Mental distress
23(12)
(4) Social discredit
35
PART 1C THE LIMITS OF COMPENSATORY DAMAGES
6 The General Problem of Limits
1 Interrelation of Existence and Extent of Liability
2(8)
2 Interrelation of Various Facets of the Extent of Liability
10
7 Reduction of Damages for Contributory Negligence
1 Liability in Tort
3(8)
2 Liability in Contract
11(8)
3 Liability under the Misrepresentation Act
19
8 Remoteness of Damage
I Tort
4(135)
(A) Causation
5(1)
1 Cause in Fact and Cause in Law
5(10)
2 Cause in Fact: The Norm and the Exceptions
15(16)
3 Cause in Law: Direct Consequences
31(4)
4 Cause in Law: Consequences Following Upon a New Intervening Force
35(47)
(B) Scope of Protection: The Limits of Policy
82(1)
1 Damage Where No Separate Liability Has Been Established
83(3)
2 Foreseeable Damage Caused in an Unforeseeable Manner or to an Unforeseeable Degree Where a Breach of a Duty to the Claimant to Take Care Has Been Established
86(36)
3 Damage to a Secondary Interest where a Separate Liability in Respect of a Primary Interest has been Established
122(10)
4 Damage Outside the Scope of the Duty
132(7)
II Contract
139
(A) Causation
140(2)
1 Direct Consequences
142(1)
2 Consequences Following Upon a New Intervening Force
143(15)
(B) Scope of Protection: Contemplation of the Parties
158(2)
1 The Rule in Hadley v Baxendale
160(2)
2 The Rule Restated in Victoria Laundry v Newman in 1949
162(2)
3 The Restated Rule As Qualified in The Heron II in 1967
164(4)
4 The Impact of the Decision in The Achilleas in 2008
168(14)
5 The Degree of Likelihood Required
182(12)
6 The Degree of Knowledge Required
194(14)
7 The Overall Requirements of Public Policy
208(3)
8 Types of Contract in Which the Rule in Hadley v Baxendale Has Been Developed
211
9 Mitigation of Damage
I Various Meanings of the Term "Mitigation"
1(13)
1 Principal Meaning: The Three Rules as to the Avoiding of the Consequences of a Wrong
2(6)
2 The Two Subsidiary or Residual Meanings
8(6)
II The Rule as to Avoidable Loss: No Recovery for Loss Which the Claimant Ought Reasonably to have Avoided
14(87)
1 Various Aspects of the Rule
15(24)
2 The Rule and its Relationship to the Normal Measure of Damages
39(8)
3 Illustrations of Circumstances Raising the Issue of Whether Loss Should have been Avoided
47(32)
4 Standard of Conduct which the Claimant must Attain when Assessing what Steps should have been Taken by Him
79(22)
III The Corollary: Recovery for Loss Incurred in Attempts to Mitigate the Damage
101(7)
IV The Rule as to Avoided Loss: No Recovery Generally for Loss Which the Claimant has Avoided by Reasonably Necessary Means
108
1 The Three Subdivisions of the Rule
110(3)
2 Various Aspects of the Rule
113(4)
3 Actions Taken after the Wrong by the Claimant
117(37)
4 Actions Taken After the Wrong by Third Parties
154(11)
5 Actions Taken Before the Wrong by The Claimant
165
10 Certainty of Damage
I The Problem of Certainty
1(7)
II Circumstances in Which Damages May be Awarded although the Nature of the Damage Prevents Absolute Certainty of Proof
8
1 Where Damage is Presumed
8(3)
2 Where the Loss is Non-pecuniary
11(1)
3 Where it is Uncertain how a Pecuniary Loss is to be Measured
12(2)
4 Where it is Uncertain How Much of the Loss, Pecuniary or Non-pecuniary, is Attributable to the Defendant's Breach of Duty
14(14)
5 Where it is Uncertain whether a Particular Pecuniary Loss will be or would have been Incurred
28
11 Past and Prospective Damage
I Introductory: Circumstances in Which the Same Set of Facts Gives Rise to More than One Cause of Action
3(12)
1 Where there are Two Separate Acts Resulting in Two Separate Wrongs
3(1)
2 Where a Single Act Violates Two Separate Interests Protected by the Law
4(6)
3 Where a Single Act Constitutes a Continuing Wrong
10(4)
4 Where a Single Act not Actionable Per Se causes Separate Damage on Two Separate Occasions
14(1)
II Past Loss: Damage Before Accrual of the Cause of Action
15(3)
III Past Loss: Damage Before Commencement of the Action
18(6)
IV Prospective Loss: Damage After Commencement of the Action
24
1 The Rule
24(6)
2 The Corollary
30
PART 2 NON-COMPENSATORY DAMAGES
12 Nominal Damages
1 Circumstances Giving Rise to an Award of Nominal Damages
1(7)
2 Amount Awarded; Nominal and Small Damages Distinguished
8(2)
3 Practical Functions of Nominal Damages
10
13 Exemplary Damages
I The Exceptional Nature of Exemplary Damages
1(8)
II Cases in Which Exemplary Damages May be Awarded
9(22)
1 Types of Claim in which Exemplary Damages are Possible
11(6)
2 The Three Categories in which Exemplary Awards are Possible
17(14)
III Computation of the Exemplary Award
31
1 Various Criteria Applied by the Courts
31(14)
2 The Question of Vicarious Liability
45(3)
3 The True Rationale of the Second Common Law Category
48
14 Restitutionary Damages
I Concept and Meaning of Restitutionary Damages
1(3)
II The Measure of Restitutionary Damages
4(7)
III Restitutionary Damages Distinguished from Compensatory and Disgorgement Damages
11(5)
IV Circumstances Giving Rise to Restitutionary Damages
16
1 Liability for Torts and Equitable Wrongs
16(18)
2 Liability in Contract
34
15 Disgorgement Damages (Account of Profits)
I Concept and Meaning of Disgorgement Damages
1(4)
II Rationale of Disgorgement Damages
5(3)
III Circumstances Giving Rise to Disgorgement Damages
8(38)
1 Liability for equitable wrongdoing
8(1)
2 Liability for breach of Contract
9(20)
3 Liability for Torts
29(17)
IV Measure of Profits, Causation and Remoteness of Profits
46
1 Measure of Profits
46(3)
2 Scope of duty, causation and remoteness
49
16 Liquidated Damages
1 Historical Development of Liquidated Damages and Penalties
3(6)
2 Nature and Effect of Liquidated Damages and Penalties
9(19)
3 Rules for Distinguishing Liquidated Damages from Penalties
28(13)
4 Application of the "legitimate interest" test
41(20)
5 Main Types of Contract in which the older rules were applied
61(38)
6 Related Situations
99
17 Vindicatory Damages
1 Early Pockets of Vindicatory Damages
2(11)
2 Vindicatory Damages for Infringement of a Right Generally
13(4)
3 Vindicatory Damages for Infringement of a Right to Privacy
17
PART 3 VARIOUS GENERAL FACTORS IN THE ASSESSMENT OF DAMAGES
18 The Incidence of Taxation
I Income Tax
2(61)
(A) The Rule in Gourley's Case
2(3)
(B) Type-Situations in Which the Rule in Gourley's Case May Apply
5(1)
1 General Considerations
5(20)
2 Tort
25(17)
3 Contract
42(14)
(C) The Practical Application of the Rule in Gourley's Case
56(1)
1 Burden of Proof
56(4)
2 Calculation of the Tax
60(3)
II Capital Gains Tax
63
1 General Considerations
63(4)
2 Tort
67(5)
3 Contract
72
19 The Awarding of Interest
I Introductory
1(4)
II The Position Before Sempra Metals
5(53)
(A) Interest Outside Statute: Interest as Damages
5(1)
(1) Contract: obligations to pay money
5(7)
(2) Contract: obligations relating to property
12(5)
(3) Contract: obligations relating to services
17(2)
(4) Torts affecting property other than land
19(7)
(5) Torts affecting land
26(2)
(6) Torts affecting the person
28(2)
(B) Interest Conferred by Statute: Interest on Damages
30(6)
1 Limits of the Statutory Provision
36(7)
2 Categories to which Statutory Interest Applies
43(15)
III The Position After Sempra Metals
58(13)
1 The Decision
59(4)
2 The Analysis
63(4)
3 The Results
67(4)
IV Calculation of the Amount of Interest
71
1 Period of Time for which Interest is Awarded
71(32)
2 Rate of Interest Awarded
103(32)
3 Amount on which Interest is Awarded: Interest and Taxation
135
20 The Effect of Changes in Value
1 Changes in the Value of Property
2(4)
2 Changes in the Value of Services
6(2)
3 Changes in the Value of Money
8
21 The Recovery of Costs, Damages and Fines Incurred in Previous Proceedings
I The Preliminary Question as to the Amount of the Now Claimant's Own Costs Recoverable as Damages
3(9)
II Costs in Previous Proceedings between the Same Parties
12(19)
1 Further Proceedings where No Separate Independent Cause of Action is Available
13(2)
2 Further Proceedings where a Separate Independent Cause of Action is Available
15(16)
III Costs, Damages and Fines in Previous Proceedings between the Now Claimant and Third Parties
31
1 The Rule as it has Developed
31(6)
2 Main Type-situations in which Costs, Damages and Fines have been Claimed as Damages
37(11)
3 The Various Aspects of Remoteness of Damage Involved
48(29)
4 Amount Recoverable
77
22 Breach of Undertakings as to Damages
1 The Issue
1(1)
2 The Giving of an Undertaking and Whether it will be Enforced
2(2)
3 The Assessment of Damages upon an Enforced Undertaking
4(3)
4 Exemplary Damages
7
23 Damages in Actions Surviving Death
1 Damages in Actions Surviving Death
1(2)
2 Measure of Damages in Such Actions
3
PART 4 PARTICULAR CONTRACTS AND TORTS
24 The Measure of Damages in Contract and Tort Compared
PART 4A CONTRACT
25 Sale of Goods
I Breach by Seller
2(112)
1 Non-delivery
2(36)
2 Delayed Delivery
38(20)
3 Breach of Condition: Goods Properly Rejected
58(1)
4 Breach of Condition or Warranty as to Quality, Fitness or Description: Goods Accepted
59(51)
5 Breach of Condition as to Title or of Warranty of Quiet Possession
110(2)
6 Breach of Condition: Loss of the Right to Reject the Goods
112(2)
II Breach by Buyer
114
1 Non-acceptance
115(17)
2 Failure to Procure the Opening of a Letter of Credit
132(2)
3 Other Breaches
134
26 Hire and Hire-purchase of Goods
I Breach by Lender
1(13)
1 Non-delivery
1(2)
2 Breach of Warranty
3(11)
II Breach by Hirer
14
1 Non-acceptance and Related Breaches
14(9)
2 Damage to the Goods or their Destruction
23(3)
3 Failure to Surrender the Goods
26
27 Sale of Land
I Breach by Seller
1(32)
(A) Failure to Complete
3(2)
(1) Normal measure
5(2)
(2) Consequential losses
7(4)
(B) Delay in Completion
11(1)
(1) Normal measure
12(1)
(2) Consequential losses
13(1)
(C) Breach of Covenants
14(1)
1 The Four Usual Covenants of Title
15(4)
2 Covenant for Quiet Enjoyment
19(8)
3 Covenant for Good Right to Convey
27(4)
4 Covenants other than of Title
31(2)
II Breach by Buyer
33
(A) Failure to Accept
34(2)
(1) Normal measure
36(2)
(2) Consequential losses
38(4)
(3) Effect of a deposit on the damages
42(1)
(B) Breach of Covenants
43(1)
1 Positive Covenants
44(8)
2 Restrictive Covenants
52
28 Lease of Land
I Breach by Lessor
1(37)
(A) Failure to Complete
3(1)
(1) Normal measure
4(2)
(2) Consequential losses
6(1)
(B) Delay in Completion
7(1)
(1) Normal measure
8(1)
(2) Consequential losses
9(1)
(C) Breach of Covenants
10(2)
1 Covenant for Quiet Enjoyment and Covenant Against Incumbrances
12(12)
2 Covenant to Repair
24(10)
3 Covenant of Fitness for Habitation
34(1)
4 Covenant to Renew and Option to Purchase
35(3)
II Breach by Lessee
38
(A) Failure to Accept
39(2)
(B) Breach of Covenants
41(2)
1 Covenant to Repair
43(41)
2 Other Covenants on the Condition and Use of the Premises
84(10)
3 Covenant Against Assignment or Underletting
94(4)
4 Covenant to Deliver up Possession
98
29 Sale of Shares and Loan of Stock
I Breach by Seller
3(6)
1 Non-delivery
3(4)
2 Other Breaches
7(2)
II Breach by Buyer
9(4)
1 Non-acceptance
9(3)
2 Other Breaches
12(1)
III Breach by Lender
13
30 Contracts to Pay or to Lend Money
I Breach by Party Promising to Pay
1(28)
1 Failure to Pay Money in General
2(10)
2 Dishonour of Bills of Exchange and Promissory Notes
12(17)
II Breach by Lender
29(2)
III Breach by Borrower
31
31 Construction Contracts
I Breach By Builder
4(18)
1 Failure to Build at all or in Part
4(5)
2 Delay in Completing Building
9(3)
3 Defective Building
12(10)
II Breach by Owner
22
1 Prevention Resulting in Non-Completion
22(3)
2 Prevention Resulting in Delay
25(1)
3 Other Breaches
26
32 Contracts of Carriage
I Breach by Carrier
2(58)
(A) Carriage of Goods
2(1)
1 Non-Delivery Including Delivery in a Damaged Condition
2(24)
2 Delayed Delivery
26(22)
3 Failure to Carry or to Carry to the Right Place
48(7)
(B) Carriage of Persons
55(1)
1 Injury and Death in Carriage
55(1)
2 Delay in Carriage
56(4)
II Breach by Cargo Owner
60
1 Failure to Supply Cargo
62(15)
2 Detention of the Transport
77(2)
3 Damage to the Transport
79
33 Contracts of Employment
I Breach by Employer
1(34)
1 Introductory: Wrongful Dismissal and Unfair Dismissal
1(3)
2 Wrongful Dismissal
4(27)
3 Breach of Obligation of Trust and Confidence
31(2)
4 Injury and Death
33(1)
5 Miscellaneous Breaches
34(1)
II Breach by Employee
35
1 Failure or Refusal to Work
36(3)
2 Careless or Defective Work
39(1)
3 Miscellaneous Breaches
40
34 Contracts for Professional and Other Services
I Breach by the Party Engaging the Services
2(1)
II Breach by the Party Rendering the Services
3
(A) In General
3(4)
(B) Particular Categories
7(1)
1 Solicitors
8(41)
2 Surveyors and Valuers
49(34)
3 Accountants
83(1)
4 Bankers
84(5)
5 Stockbrokers
89(3)
6 Estate Agents
92(1)
7 Travel Agents
93
35 Contracts Concerning Principal and Agent
I Breach by Principal
2(3)
II Breach by Agent
5
(A) Agents Employed to Enter into Contracts on Behalf of the Principal
5(1)
1 Breach by Failure to Conclude the Contract as Instructed
6(2)
2 Breach Other than by Failure to Conclude the Contract as Instructed
8(2)
(B) Agents Dealing with the Principal's Property
10
36 Contracts of Warranty of Authority by Agent
1 The Contractual Measure of Damages
1(2)
2 Warranty of Authority to Contract on the Principal's Behalf
3(14)
3 Other Warranties of Authority by an Agent
17
PART 4B TORT
37 Torts Affecting Goods: Damage and Destruction
I Damage
3(60)
(A) Normal Measure
3(10)
(B) Consequential Losses
13(1)
1 Expenses other than the Cost of Repair
13(17)
2 Loss of Profits of Profit-Earning Chattels
30(10)
3 Expenses and Loss of Profits where other Repairs have been Effected Concurrently
40(5)
4 Loss of Use of Chattels which are Not Profit-Earning
45(18)
II Destruction
63
1 Normal Measure
63(6)
2 Consequential Losses
69
38 Torts Affecting Goods: Misappropriation
I Introductory: And in Particular of the Demise of Detinue
1(5)
II Conversion
6(78)
1 Normal Measure
6(5)
2 Time at Which Value is to be Taken: Changes in the Value of the Goods
11(31)
3 Place at Which Value is to be Taken
42(1)
4 Some Special Cases of Value
43(7)
5 Claimant with a Limited Interest in the Goods
50(16)
6 Consequential Losses
66(9)
7 Effect on Damages of Redelivery of the Goods or Their Equivalent
75(7)
8 Exemplary Damages
82(2)
III Trespass
84(5)
IV Wrongful Distress
89(1)
V Replevin
90
39 Torts Affecting Land
I Damage
3(41)
1 Normal Measure
3(21)
2 Prospective Loss
24(2)
3 Consequential Losses
26(10)
4 Claimant with a Limited Interest
36(6)
5 Aggravation and Mitigation; Exemplary Damages
42(2)
II Occupation and User
44
1 Normal Measure
46(14)
2 Prospective Loss
60(7)
3 Consequential Losses
67(2)
4 Claimant with a Limited Interest
69(3)
5 Aggravation and Mitigation; Exemplary Damages
72(5)
6 The Statutory Action
77
40 Torts Causing Personal Injury
I Forms of Award and of Compensation
4(30)
1 Interim Awards
5(2)
2 Provisional Awards
7(2)
3 Periodical Payments Awards
9(25)
II Certainty of Loss
34(22)
1 Changes Before the Decision of the Court of First Instance
37(9)
2 Changes Before the Decision of the Appeal Court
46(9)
3 Changes After the Litigation has Ended
55(1)
III Heads of Damage: Function and Interrelation
56(6)
1 Function
57(2)
2 Interrelation
59(3)
IV Loss of Earning Capacity and Related Benefits
62(121)
(A) General Method of Assessment
66(9)
(B) Calculation of the Multiplicand and of the Multiplier
75(1)
1 Diminution in Earnings: the Basic Factor for the Multiplicand
75(4)
2 Earnings of Different Categories of Person
79(16)
3 Adjustments for Variation in Annual Earnings Loss
95(7)
4 Period of Years of Claimant's Disability: the Basic Factor for the Multiplier
102(3)
5 Adjustments Where Life Expectancy is Cut Down by the Injury
105(14)
6 The Appropriate Discount Rate for the Multiplier
119(9)
7 Adjustments to the Multiplier for Contingencies
128(14)
8 No Specific Adjustments for Unearned Income
142(2)
9 No Specific Adjustments for Inflation
144(2)
10 Adjustments for Taxation
146(3)
(C) The Deductibility of Collateral Benefits
149(1)
1 Insurance Moneys
150(2)
2 Wages, Salary, Sick Pay
152(2)
3 Pensions
154(5)
4 Gratuitous Payments Privately Conferred
159(3)
5 Monetary Social Security Benefits
162(19)
6 Social Security Benefits Other than Monetary
181(2)
V Medical and Related Expenses
183(70)
(A) Expenses Included
183(1)
1 Medical Expenses
183(10)
2 Related Expenses
193(16)
(B) General Method of Assessment
209(12)
(C) The Deductibility of Collateral Benefits
221(1)
1 Insurance Moneys
222(1)
2 Payments Under Obligation by Private Third Parties other than Insurers
223(1)
3 Payments Made Gratuitously by Third Parties
224(1)
4 Care Provided Gratuitously by Relatives and Others
225(13)
5 Monetary Social Security Benefits
238(8)
6 Social Security Benefits other than Monetary
246(7)
VI Non-Pecuniary Damage
253(29)
1 A Conventional Award
253(1)
2 Heads of Non-pecuniary Damage
254(13)
3 Various Aspects of the Non-pecuniary Award
267(7)
4 Level of Awards
274(8)
VII ENVOI: The Particular Case of Claims by Parents Arising Out of the Birth of their Children
282
1 Setting The Scene
282(3)
2 Developments before McFarlane v Tayside Health Board
285(3)
3 The New Thinking: McFarlane v Tayside Health Board
288(1)
4 The New Thinking Extended: Rees v Darlington Memorial Hospital NHS Trust
289(5)
5 The Position Today
294(7)
6 Addendum: Issues of Avoided Loss
301
41 Torts Causing Death
I Claims for the Benefit of the Deceased's Dependants
3(120)
(A) The Statutory Action
4(1)
1 The Entitled Dependants
5(3)
2 The Entitlement of the Dependants
8(9)
(B) The Statutory Measure of Damages
17(1)
1 Losses in Respect of which Damages are Not Recoverable or are Recoverable only within Limits
18(9)
2 The Value of the Dependency
27(81)
3 The Non-Deductibility of Collateral Benefits
108(15)
II Claims Surviving the Death for the Benefit of the Deceased's Estate
123
1 Prospective Losses of the Deceased
124(5)
2 Accrued Losses of the Deceased
129(8)
3 Losses For Which The Deceased Could Not Have Sued
137
42 Assault and False Imprisonment
I Assault
1(12)
1 Heads of Damage
1(1)
2 Aggravation and Mitigation
2(10)
3 Exemplary Damages
12(1)
II False Imprisonment
13
1 Heads of Damage
13(11)
2 Remoteness of Damage: Continuation of the Imprisonment by Judicial Order
24(1)
3 Aggravation and Mitigation
25(3)
4 Exemplary Damages
28
43 Statutory Torts: Discrimination and Harassment
I Discrimination
2(15)
1 Heads of Damage
4(8)
2 Aggravated Damages
12(4)
3 Exemplary Damages
16(1)
II Harassment
17
1 Heads of Damage
18(4)
2 Aggravated Damages
22(1)
3 Exemplary Damages
23
44 Malicious Institution of Legal Proceedings
1 Types of Actionable Damage
2(2)
2 Particular Torts
4(9)
3 Aggravation and Mitigation
13(2)
4 Exemplary Damages
15
45 Misfeasance in Public Office
1 Heads of Damage
2(4)
2 Aggravation and Mitigation
6(2)
3 Exemplary Damages
8
46 Defamation
I Slanders Actionable Only on Proof of Special Damage
2(21)
1 Meaning of Special Damage
2(8)
2 Remoteness of Special Damage
10(10)
3 Pleading and Proof of Special Damage
20(2)
4 Additional General Damages
22(1)
II Slanders Actionable Per Se and Libel
23
1 Level of Awards
23(7)
2 Heads of Damage
30(9)
3 Remoteness of Damage
39(1)
4 Pleading and Proof of Damage
40(3)
5 Aggravation and Miligation: Relevance of the Conduct, Character and Circumstances of the Parties
43(35)
6 Exemplary Damages
78
47 Invasion of Privacy
1 Heads of Damage
2(13)
2 Aggravation and Mitigation
15(2)
3 Exemplary Damages
17
48 Economic Torts
I Inducement of Breach of Contract
4(5)
II Injurious Falsehood
9(10)
1 Injurious Falsehoods other than Passing Off
9(7)
2 Passing Off
16(3)
III Conspiracy
19(7)
(1) Pecuniary loss
20(4)
(2) Non-pecuniary loss
24(2)
IV Breach, or Misuse, of Confidential Information
26(8)
V Infringement of Rights in Intellectual Property
34
1 The Relevance of the European Union Directive
37(4)
2 The Present English Law, The Directive Apart
41(29)
3 The Impact of the European Directive
70
49 Misrepresentation
I Fraudulent Misrepresentation: Deceit
2(46)
1 The Tortious Measure of Damages
2(5)
2 Heads of Damage
7(39)
3 Exemplary Damages
46(1)
4 Restitutionary Damages and Disgorgement Damages
47(1)
II Negligent Misrepresentation
48(22)
1 Liability at Common Law and under Statute
48(3)
2 The Tortious Measure of Damages
51(6)
3 Heads of Damage
57(13)
III Innocent Misrepresentation
70
PART 5 HUMAN RIGHTS
50 Damages Under the Human Rights Act
1 Introduction
1(8)
2 Scope of the Cause of Action
9(33)
3 Criteria for Decision Whether to Award Damages
42(41)
4 The Court's Approach to Determining Quantum
83(28)
5 Aggravated and Exemplary damages
111(6)
6 Damages Under Particular Convention Articles
117
PART 6 PROCEDURE
51 The Statement op Case
1 Pre-action conduct and protocols
2(6)
2 The Claim Form
8(2)
3 Particulars of Claim
10(28)
4 Defence
38
52 The Trial
I Proof
1(19)
1 Burden of Proof
1(7)
2 Evidence
8(12)
II Judgment
20
1 Province of Judge and Jury: Law and Fact
20(3)
2 Assessment of Damages
23
53 Appeals
I Appeals from an Award of Damages by a Jury
2(22)
1 Powers Available to the Appellate Court
3(4)
2 Grounds for Granting a New Trial: Misleading and Misconduct of the Jury
7(11)
3 Grounds for Reassessing the Damages: Miscalculation by the Jury
18(6)
II Appeals from an Award of Damages by a Judge
24
1 Power to Reassess the Damages
24(1)
2 Grounds for Reassessing the Damages
25
Index