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
18 Pages Posted: 17 Jun 2013
Date Written: 2008
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: Suggested Citation