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
