Mitchell and Rostill, ‘Making Sense of Mesne Profits: Remedies’

This is the second of two articles about cases in which awards of ‘mesne profits’ have been made against defendants who have occupied claimants’ land. The first article argues that the facts of cases where such awards have been made variously support claims in tort, contract or unjust enrichment and that practical consequences can flow from categorising the cases in one way or another. One is that different rules affect the assessment of remedies awarded to claimants depending on the claim that was made and the remedy that was awarded. The present article develops this point by examining the assessment principles governing ‘mesne profits’ awards, according to whether these are classified as compensatory damages in tort, restitutionary damages in tort, orders that a defendant perform a contractual duty to pay a debt, compensatory damages for breach of contract, or orders that a defendant make restitution of an unjust enrichment.

Charles Mitchell and Luke Rostill, Making Sense of Mesne Profits: Remedies, Cambridge Law Journal, pp 1-29, Published online by Cambridge University Press: 27 October 2021.

First posted 2021-10-30 12:00:04

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