Not Getting Lost in the 'Park' - Wrotham Park Damages Demystified

[2019] Singapore Journal of Legal Studies 464-476

12 Pages Posted: 20 Nov 2019 Last revised: 26 Feb 2020

Date Written: November 9, 2019

Abstract

Since its incarnation in Wrotham Park Estate Co Ltd v Parkside Homes Ltd, the precise conceptual foundation and contours of negotiating damages have over the years remained somewhat obscure. Following the lead of the UK Supreme Court in Morris-Garner v One Step (Support) Ltd, the Herculean tasks of furnishing a sound theoretical rationalisation for and delineating the boundaries of negotiating damages were undertaken by the Singapore Court of Appeal in Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua. This note unpacks the Singapore case, places it in comparative context, and investigates the extent to which its judicial treatment on negotiating damages has departed from the doctrinal route prescribed by its English counterpart. From a comparative law perspective, the juxtaposition of Turf Club alongside One Step also helpfully illustrates the level of intellectual and analytical rigour that is exemplary for any jurisdiction aspiring to build up an autochthonous legal system.

Keywords: contract damages, Wrotham Park damages, negotiating damages, comparative law, Singapore

Suggested Citation

Sin, Ivan, Not Getting Lost in the 'Park' - Wrotham Park Damages Demystified (November 9, 2019). [2019] Singapore Journal of Legal Studies 464-476, Available at SSRN: https://ssrn.com/abstract=3484020

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