Pell Frischmann v Bow Valley [2009] JLR 401 (26 November 2009)

Pell Frischmann v Bow Valley [2009] JLR 401 (26 November 2009)

Wrotham Park damages may be awarded as compensatory damages in lieu of equitable relief, with quantum assessed by reference to a hypothetical negotiation at the time of breach, subject to adjustment for delay or subsequent events.

Citation
[2009] JLR 401
Parties
Claimant: Pell Frischmann; Defendant: Bow Valley
Jurisdiction
Jersey
Judgment Date
26 November 2009
Procedural Posture
Contract / Judgment
Outcome
Damages awarded
Legal Topics
Damages, Wrotham Park Damages, Measure of Damages, Equitable Relief
Contract Law Damages Wrotham Park Damages Measure of Damages Equitable Relief

Case Brief

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Parties

Pell Frischmann

Claimant

Bow Valley

Defendant

Procedural Posture

Contract / Judgment

Legal Issues

  1. 1 Whether Wrotham Park damages can be awarded as compensatory damages in lieu of equitable relief
  2. 2 How to assess the quantum of Wrotham Park damages

Ratio Decidendi

Wrotham Park damages may be awarded as compensatory damages in lieu of equitable relief, with quantum assessed by reference to a hypothetical negotiation at the time of breach, subject to adjustment for delay or subsequent events.

Court Disposition

Damages awarded

Orders

  • Damages to be assessed on the basis of a hypothetical negotiation for release of the contractual obligation