Restitutionary measure Flashcards
1
Q
What are the restitutionary measure of damages
A
Aim to stop unjust enrichment
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.