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Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 (/ˈruːtəm/) is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction.

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  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd (en)
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  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 (/ˈruːtəm/) is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction. (en)
name
  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Wrotham_Park_-_geograph.org.uk_-_320544.jpg
  • http://commons.wikimedia.org/wiki/Special:FilePath/Ninian_Park_housing_estate_during_construction.jpg
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  • [1974] 1 WLR 798 (en)
court
  • High Court of Justice, Chancery Division (en)
judges
  • Brightman J (en)
keywords
  • Restitutionary damages (en)
has abstract
  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 (/ˈruːtəm/) is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction. Such a remedy, which had precedent before the judgment, has since become firmly known as Wrotham Park damages, which are awarded (in lieu of specific performance or an injunction) under the jurisdiction created (powers vested in the court) by s. 2 of the Chancery Amendment Act 1858 (also known as Lord Cairns' Act). Such damages centre on the hypothetical negotiated value for a release of the covenant and which so in turn may look to a share of the profits from the business venture enabled by the breach; the court decided 5% of profits should be made payable. (en)
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