McGregor on Damages

"McGregor on Damages" is a comprehensive legal treatise written by Harvey McGregor, Martin Spencer, and Julian Picton. The book is a primary reference tool for the law of damages, providing detailed coverage of both the general principles and specific heads of damages in common law.

Key Themes

1. General Principles of Damages:

   • The book begins with a thorough examination of the fundamental principles governing damages, including the concept of damages, the purpose of awarding damages, and the various types of damages.

2. Specific Heads of Damages:

   • It delves into specific areas of damages such as loss of a chance, mitigation, causation, and exemplary damages. The authors also explain complex and rapidly developing heads of damages like licence fee damages and vindicatory damages.

3. Equitable Damages:

   • A significant new feature in the 22nd edition is the inclusion of an entirely new chapter on Equitable Damages. This chapter covers the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) and different types of equitable compensation.

4. Operation of Money Awards in Equity:

   • The book includes consideration of the operation of money awards in equity, including equitable damages, equitable compensation, and disgorgement of a defendant's profits.

5. Specific Issues and Case Law Developments:

   • It examines specific issues such as periodical payments, breaches of undertakings as to damages, damages, and interest on damages. The 22nd edition also includes coverage of significant recent case law developments in the law of damages.

6. Contracts, Torts, and Human Rights:

   • The book considers damages in relation to particular contracts (such as sale of goods, hire and hire-purchase of goods, etc.) and torts (including torts affecting goods, land, personal injury, etc.). It also addresses human rights implications.

Critical Reception

"McGregor on Damages" is widely regarded as the leading authority on damages in common law, having been a primary reference tool for 60 years. The book's comprehensive coverage and detailed analysis have made it essential for legal professionals, including lawyers, judges, and academics.

The 22nd edition has received particular praise for its substantial revisions and updates. The inclusion of a new chapter on Equitable Damages and the coverage of recent case law developments have been highlighted as significant improvements.

Plot Summary

Given the book's nature as a legal treatise, there is no narrative plot. Instead, it is structured as a reference guide, with each chapter providing in-depth analysis and discussion of various aspects of the law of damages.

Conclusion

"McGregor on Damages" is a seminal work in the field of common law damages. Its comprehensive coverage, detailed analysis, and inclusion of recent case law developments make it an indispensable resource for legal professionals. The book's reputation as a leading authority in the field is a testament to its enduring value and relevance in the legal community.