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Experience Hendrix v PPX Enterprises [2003]

Facts

  • A contract agreed that certain music tracks by the late Jimmy Hendrix could be used
  • The contract was breached as more tracks than were agreed were used

Issue

  • Could damages be awarded to account for the profits made from the breach of contract?

Decision

  • No, but damages for the loss of a negotiating opportunity could be awarded

Reasoning

  • Profits accounted for in damages only in exceptional circumstances, which these were not
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