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Equitable (compensatory) damages
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Abstract
Prior to 1858 there was probably some power, albeit very restricted, to award damages in equity in addition to specific performance. But this is of merely historical interest, because by the Chancery Amendment Act 1858, s 2 (Lord Cairns’s Act) the Court of Chancery was given 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?
Oxford University PressNew York
Title: Equitable (compensatory) damages
Description:
Abstract
Prior to 1858 there was probably some power, albeit very restricted, to award damages in equity in addition to specific performance.
But this is of merely historical interest, because by the Chancery Amendment Act 1858, s 2 (Lord Cairns’s Act) the Court of Chancery was given 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?.
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