Non-financial loss resulting from tort and breach of contracts: the availability of a monetary remedy that is non-compensatory, non-restitutional, non-punitive, and not a mere solatium
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In Attorney-General v Blake the House of Lords decided that, in exceptional circumstances (as to the identification of which it offered no practical guidance), a plaintiff who has suffered non-financial loss as a result of a breach of contract is entitled to obtain from the defendant an account of the profits which the defendant has made through his breach of contract. This article argues that, although the Crown (who was the plaintiff in Blake) should have been awarded a substantial sum of money to reflect (although not to measure in monetary terms) the serious non-financial loss which it suffered as a result of Blake’s breach of contract, the Crown should not have been awarded (although it was so awarded) the profit made by Blake through his contractual breach.
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