Restitution damages

Restituton damages are a form of…

Common law remedy

They are enforced…

in exceptional circumstances, and the main action is an account of profits.

Account of all profits

a remedy that gives C all the profits D makes due to breach.

AG v Blake - Lord Woolf

2 situations where there would be resititutinary damages awarded:
- Skimped performance - where D fails to proivide the full extent of services contracted to proivisw

- Profiting by doinng what was specifically forbidden

AG v Blake - Lord Woodboriugh dissent

he believed that the nature of the Crowns claim was to punish Blake not out of commercial interest. It was driven by public outrage, not financial loss.

The principles of restitutionary damages are mean tto be applied for commercial or property disputes, not to be used as a punitive measure.

Blake didn’t take any money or property from the crown so to make him surrender profits is weak

Restittionary damages is a property based remedy that doens’t apply in the case.

Expanding restitutonary damaegs would be dnagerous and coudl les to business facing unexpected financial penalties based on the whims of judges.