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Two Steps Forward, One Step Back: One Step (Support) LTD v Morris‐Garner and Another
Author(s) -
Bartscherer Caspar
Publication year - 2019
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12401
Subject(s) - damages , plaintiff , supreme court , law , obligation , test (biology) , law and economics , business , political science , economics , paleontology , biology
One Step is an important decision that deals with the circumstances in which a claimant may recover damages in contract on the so‐called Wrotham Park basis, valued as the amount that would hypothetically have been negotiated between willing parties to release the defendant from his obligation. This note argues that, although the Supreme Court was right not to award damages on this basis in this case, the test laid down by their Lordships for when such damages are available is unclear and will be difficult to apply.