Daryl Xu, ‘Negotiating damages: rationalising the compensatory view’

ABSTRACT
This article considers the phenomenon of contract law damages known as ‘negotiating damages’ or Wrotham Park damages, which are awarded on the basis of the basis of a sum of money as might reasonably have been demanded by the claimant of the defendant as quid pro quo for the relaxation of a contractual covenant breached. In the light of both the UK Supreme Court and Singapore Court of Appeal rejecting the restitutionary analysis of such damages in favour of a compensatory view, this article attempts to rationalise the latter, aiming to provide surer and more concrete basis for its application in future cases.

€ (Westlaw)

Daryl Xu, ‘Negotiating damages: rationalising the compensatory view’ [2020] Journal of Business Law (7) 561-579.

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