Are ‘Damages on the Wrotham Park Basis’ Compensatory, Restitutionary, or Neither?

Abstract

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