Actual benefit may be thought of as a restitutionary or disgorgement measure. |
|
Blake opened up the possibility of restitutionary damages for breach of contract. |
|
The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear. |
|
The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing. |
|
Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. |
|
Recently it has been accepted that there is a third category, restitutionary obligations, based on the unjust enrichment of the defendant at the plaintiff's expense. |
|