Pell Frischmann v Bow Valley [2008] JLR 311 (03 September 2008)

Pell Frischmann v Bow Valley [2008] JLR 311 (03 September 2008)

The court held that Wrotham Park damages could be awarded for breach of a contractual undertaking not to do something, even if the plaintiff suffered no loss, and that damages should be based on the benefit obtained by the defendant, considering hypothetical negotiations and the actual benefit derived.

Citation
[2008] JLR 311
Parties
Plaintiff: Pell Frischmann; Defendant: Bow Valley
Jurisdiction
Jersey
Judgment Date
03 September 2008
Procedural Posture
Civil / Judgment
Outcome
damages awarded
Legal Topics
Damages, Breach of Contract, Wrotham Park Damages
Contract Law Damages Breach of Contract Wrotham Park Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Pell Frischmann

Plaintiff

Bow Valley

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Wrotham Park damages are available for breach of a contractual undertaking not to do something even if no loss to the plaintiff
  2. 2 How to assess damages based on benefit obtained by defendant from breach

Ratio Decidendi

The court held that Wrotham Park damages could be awarded for breach of a contractual undertaking not to do something, even if the plaintiff suffered no loss, and that damages should be based on the benefit obtained by the defendant, considering hypothetical negotiations and the actual benefit derived.

Court Disposition

damages awarded

Orders

  • Damages to be assessed based on benefit obtained by defendant from breach, considering hypothetical negotiations for buy-out of contractual obligations