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Wrotham Park v Parkside Homes [1974]

Facts

  • A contract specified that a developer could build a certain number of houses on the claimant’s land
  • The defendant built more houses than allowed

Issue

  • Could damages be awarded, considering that extra houses caused no actual loss to the claimant?

Decision

  • Yes

Reasoning

  • Damages awarded for the loss of a negotiating opportunity. Although they didn’t account for profit, they were equal to 5% of the profit which the defendant made on the extra houses
  • Would have got a greater award had the claim been made earlier
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