College Of Law Muhammadiyah University Of Surabaya

In England and Wales the House of Lords case of Attorney-General v. Blake opened up the potential of restitutionary damages for breach of contract. In this case the profits made by a defecting spy, George Blake, for the publication of his guide, were awarded to the British Government for breach of contract. The case has been followed in English courts, however the conditions in which restitutionary damages will be out there remain unclear. In certain areas of the law one other head of damages has long been available, whereby the defendant is made to give up the profits made via the civil wrong in restitution. Doyle and Wright outline restitutionary damages as being a monetary treatment that is measured based on the defendant’s acquire quite than the plaintiff’s loss. The plaintiff thereby features damages which are not measured by reference to any loss sustained.

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