Damages & Remedies for Breach of Contract - Live at Your Desk

Introduction

Establishing that the other party to a contract has breached its terms is one thing, but what does that mean for the outcome of a claim?

How does the law make sure that the victim is compensated for a breach which creates a shortcoming against what was promised when the parties made their contract?

Long the subject of academic debate, this topic really matters in practical terms as it can distinguish between the successful result of litigation and an uneconomic vindication of a party’s position.

Looking at core areas in the assessment of contractual damages and other remedies, the latest cases from the last few years will be considered.

What You Will Learn

This live session will cover the following topics:

• Contractual damages: what is the purpose and how measured?
• Lost profits suffered by A or profits earned by B: what is the difference?
• The familiar issue over claims for lost management time as damages: yes or no? (TMJ Systems v Sheridan)
• Remoteness: is it an effective filter for limiting the extent of liability?
• The exclusion of types of loss: clause 23.3 is not a room 101 for wasted expenditure claims in Soteria Insurance v IBM United Kingdom
• Liquidated damages and limitation clauses: Triple Point Technology clarifies the conventional approach to the former; Drax Energy v Wipro considers multiple or single caps in an example of the latter
• Remedial schemes - recovery for a more expensive option possible but at a cost (Southern Electricity Power Distribution v OCU Modus)
• Mitigation - an effective argument or the last resort?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.