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Can there be damages for breach of contract where there is no "loss"?

Overview

The right to release a party from a contractual obligation is itself valuable property which has market value. Where that contractual obligation is breached, even if there is no other loss, so called "negotiation damages" can be awarded.

This briefing examines the recent Court of Appeal decision in Burrows Investments Ltd v Ward Homes Ltd, a case involving development on land subject to an overage provision.

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