Measure of damages
Brewer, G
Measure of damages - 2002 - Contract Journal 416(6403) 13 November 2002, 40(1) .
Looks at the issue of the measure of damages as a proportion of the benefits obtained by the defendant. In "Amec Developments Ltd v Jurys Hotel Management (UK) Ltd" [2000] Amec claimed it was entitled to damages to reflect the sum of money it might reasonably have been able to demand from Jury's Hotel as a deal for allowing encroachment beyond a permitted building line. The court assessed damages at £375 000 after it judged that the defendant had encroached a building line, protected by a restrictive covenant, by a substantial amount, representing a significant area of extra building space. The implication of this judgment is that, in certain circumstances, damages will be assessed on the basis of the gain obtained by the party in breach of duty, even where no loss is suffered by the other party.
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
DAMAGES
MEASURE OF DAMAGES
RESTRICTIVE COVENANTS
BUILDING LINE
Measure of damages - 2002 - Contract Journal 416(6403) 13 November 2002, 40(1) .
Looks at the issue of the measure of damages as a proportion of the benefits obtained by the defendant. In "Amec Developments Ltd v Jurys Hotel Management (UK) Ltd" [2000] Amec claimed it was entitled to damages to reflect the sum of money it might reasonably have been able to demand from Jury's Hotel as a deal for allowing encroachment beyond a permitted building line. The court assessed damages at £375 000 after it judged that the defendant had encroached a building line, protected by a restrictive covenant, by a substantial amount, representing a significant area of extra building space. The implication of this judgment is that, in certain circumstances, damages will be assessed on the basis of the gain obtained by the party in breach of duty, even where no loss is suffered by the other party.
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
DAMAGES
MEASURE OF DAMAGES
RESTRICTIVE COVENANTS
BUILDING LINE