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M221 Business Law

tag 0 Download 8 Pages / 1,847 Words tag 22-03-2021

Question: 

A foundational principle at common law is that the aim of an award of damages for breach of contract is to compensate the plaintiff for the loss which he has suffered as a result of the defendant's failure to perform. Damages are compensatory, not punitive, in nature. The focus is on the plaintiff's loss, not the gain obtained by the defendant. 

In Wrotham Pork Estate Co Ltd v Porkside Homes Ltd (1974] 1 WLR 798, the defendant-developer breached its promise not to build more than an agreed number of houses on the land sold; damages were assessed at 5% of the defendant's anticipated profit. Such Wrotham Park damages have been controversial first, because they seem to be assessed by reference to the defendant's gain rather than the plaintiff's loss. The theoretical basis needs to be satisfactorily explained. Second, it is unclear in what circumstances Wrotham Park damages are available; in other words, there is debate surrounding the scope of Wrotham Pork damages. 
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My Assignment Help. M221 Business Law [Internet]. My Assignment Help. 2021 [cited 27 January 2023]. Available from: https://myassignmenthelp.com/free-samples/m221-business-law/understanding-of-wrotham-park-damages.html.


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