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Part Two Compensation, s.Three Miscellaneous Issues Relevant to Compensatory Damages, 17 Equitable (compensatory) damages

Andrew Burrows

From: Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th Edition)

Andrew Burrows QC FBA

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 06 February 2023

Breach of contract — Performance of contract — Types of damages — Types of loss and damages

The Chancery Amendment Act 1858, s 2 (Lord Cairns’s Act) gave the Court of Chancery the power to award damages ‘in addition to or in substitution for [an] injunction or specific performance’. This power to award what are commonly referred to as ‘equitable damages’ is now vested in the courts by the Senior Courts Act 1981, s 50. As regards damages in addition, the power is self-explanatory—whenever an injunction or specific performance is granted, damages can be added. But when may damages in substitution be awarded? The chapter answers this question and examines when equitable damages are more advantageous than common law damages. It also briefly looks at whether non-compensatory equitable damages are ever awarded.

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