Restitutionary damages for breach of contract: Bank of America Canada v. Mutual Trust Co

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dc.contributor.authorMcInnes, Mitchell
dc.date.accessioned2025-05-01T12:20:54Z
dc.date.available2025-05-01T12:20:54Z
dc.date.issued2002
dc.descriptionIntroduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively by reference to the plaintiffs loss. The corollary is also true. The common law traditionally refused to award gain-based relief. The plaintiff was not entitled to strip the defendant of a benefit that he acquired through breach. In 2000, however, the House of Lords released a remarkable judgment that, for the first time ever, expressly imposed a gain-based, or \"restitutionary\", remedy for breach of contract. Attorney General v. Blake involved a convicted double agent who escaped prison, fled to the Soviet Union, and subsequently sold his memoirs to an English publisher in exchange for the promise of £150,000 in advances.
dc.identifier.doihttps://doi.org/10.7939/R3445HS78
dc.language.isoen
dc.relationhttp://heinonline.org/HOL/Page?handle=hein.journals/canadbus37&div=12&g_sent=1&collection=journals
dc.relation.isversionofMcInnes, M. (2002). Restitutionary damages for breach of contract: Bank of America Canada v. Mutual Trust Co. Canadian Business Law Journal, 37(1), 125-133. Retrieved from http://heinonline.org/HOL/Page?handle=hein.journals/canadbus37&div=12&g_sent=1&collection=journals
dc.rights© 2002 Canadian Business Law Journal. This article has been reproduced with the permission of the CBLJ.
dc.subjectRestitution--Canada
dc.subjectCanada
dc.subjectPerformance Contracts
dc.titleRestitutionary damages for breach of contract: Bank of America Canada v. Mutual Trust Co
dc.typehttp://purl.org/coar/resource_type/c_6501 http://purl.org/coar/version/c_970fb48d4fbd8a85
ual.jupiterAccesshttp://terms.library.ualberta.ca/public

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