Restitutionary measure Flashcards

1
Q

What are the restitutionary measure of damages

A

Aim to stop unjust enrichment

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2
Q

Example

A

Ag v Blake - UK ex spy wrote a book disclosing confidential secrets despite his confidentiality agreement. Publisher was yet to pay book profit of $90k. Govt. sued to prevent him from receiving it.

This is an exceptional circumstance where restitutionary damages should be awarded: Govt. had legitimate interest in Blake’s silence, matter of national importance. Should be no incentive to breach spy confidentiality clauses.

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