What is the ratio in Wrotham Park Estate v Parkside Homes?

Where a defendant breaches a contract or covenant and traditional damages are inadequate, courts may award damages based on what the defendant would reasonably have paid for permission to act.

What did the court decide in Wrotham Park Estate v Parkside Homes?

The court awarded damages of 5% of the developer's profits, representing what might reasonably have been charged for permission to breach the restrictive covenant.

Why is Wrotham Park Estate v Parkside Homes important for contract law?

It established the hypothetical bargain measure of damages, providing an alternative remedy where claimants suffer invasion of rights but no provable financial loss.

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library

Premium Case

This case is available to Pro and Elite subscribers. Upgrade to access the full library of 500+ landmark cases.

Upgrade to Pro

← Back to Case Library