Abstract
compensatory principles of quantification of damages, and what we must now regard as 'restitutionary damages'3 were awarded. As we shall see, Lane by no means clarifies the jurisprudence of these damages. It is nevertheless an important case because it explicitly abandons the 'great moderation' in quantification displayed in Wrotham Park in order to give an unprecedentedly large award. What is more, at least there was a covenant in Wrotham Park, but in Lane the existence of a covenant was in serious dispute, and that leave to appeal the finding of liability was refused presents, with respect, a problem, not a solution. For what Lane is but the latest case to make clear is that the 'temptation to do justice'4 by an award of restitutionary damages which has received such impetus from A-G v Blake (Jonathan Cape Ltd Third Party)5 is inconsistent with respect for the parties' intentions. However, if they take the restitutionary attitude, courts will have little trouble finding the liability which allows them surrender to this temptation, notwithstanding that doing so involves the extinguishing of contract.
Published Version
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