Amending damages
13 September 2012
A recent ruling by the House of Lords may mean that the gains made by a defendant from a breach of contract will now be relevant in deciding damages, write Peter Marsh and Frank Griffiths
The long-established rule of English law is that, with a few exceptions, damages are compensatory. The classic statement on this was made in the High Court as long ago as 1848: “The rule of the common law is, that where a party sustains a loss by virtue of a breach of contract, he is, so far as money can do it, to be placed in the same situation with respect to...