Are ‘Damages on the Wrotham Park Basis’ Compensatory, Restitutionary, or Neither?

From Djakhongir Saidov & Ralph Cunnington (eds), Current Themes in the Law of Contract Damages (Hart Publishing 2008) 165-185

Oxford Legal Studies Research Paper No. 16/2014

18 Pages Posted: 17 Jun 2013

See all articles by Andrew Burrows

Andrew Burrows

University of Oxford - Faculty of Law

Date Written: 2008

Abstract

This paper examines ‘Wrotham Park damages’. These are damages based on the price that the claimant would have reasonably accepted to release the defendant from its duty had the defendant approached the claimant just prior to breach of the duty. The puzzle that the paper tries to solve is whether those damages are best understood as compensatory, restitutionary or neither.

Keywords: Damages, restitution, tort, breach of contract

Suggested Citation

Burrows, Andrew Stephen, Are ‘Damages on the Wrotham Park Basis’ Compensatory, Restitutionary, or Neither? (2008). From Djakhongir Saidov & Ralph Cunnington (eds), Current Themes in the Law of Contract Damages (Hart Publishing 2008) 165-185; Oxford Legal Studies Research Paper No. 16/2014. Available at SSRN: https://ssrn.com/abstract=2280322 or http://dx.doi.org/10.2139/ssrn.2280322

Andrew Stephen Burrows (Contact Author)

University of Oxford - Faculty of Law ( email )

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