restitutionary damage

There had been merely a "partial failure of consideration", not total, and therefore restitutionary damages were barred.

The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear.

It established that in some circumstances, where ordinary remedies are inadequate, restitutionary damages may be awarded.

Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss.

The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing.

They may be "expectation damages", "reliance damages" or "restitutionary damages".

In England and Wales the House of Lords case of Attorney-General v. Blake opened up the possibility of restitutionary damages for breach of contract.

When considering breaches of trust, causation need not be demonstrated, since these are concerned with acts of bad faith or breaches of the duty of loyalty that result in restitutionary damages.

K Barker, 'Restitution of Passenger Fare' [1994] LMCLQ 291, argues there is no logical inconsistency between recovering restitutionary damages and compensatory damages, provided there is no double recovery.