CRITICAL APPROACHES IN CURRENT LEGAL ISSUES

Workshop 3
Restitution and the Doctrine of Complete Performance
Workshop Task 1

In February, Big Build plc (“Big Build”) started work on a development of ten luxury
detached houses in Newchester. They employed the famous architect, Kelechi
Robinson, to design the houses. Kelechi was keen to ensure that it did not become
public knowledge that she was the designer, as she wished to be known only for her
eco-friendly public buildings. It was a term of Kelechi's contract with Big Build that
they must not advertise the houses as having been designed by her without seeking
her prior written approval.

At the beginning of May, Big Build entered contracts to sell houses to three
customers.

At the start of June, Big Build began advertising the mansions as “Big Build
Executive Homes, designed by Kelechi Robinson”. As a result, seven other buyers
have been prepared to pay Big Build an extra £100,000 per house for the prestige of
owning such distinguished properties. Kelechi consulted her solicitors about
obtaining an injunction against Big Build, but the houses have all now been sold.
Whilst the houses have been so well received by the public that Kelechi's reputation
has not been tarnished at all, Kelechi still wants compensation.

Advise Big Build, explaining its legal position in relation to Kelechi.

 The aim of the RESTITUTION

Preventing unjust enrichment.

Restitution in English law is a remedy that aims to restore to an innocent party the gains that
someone else has obtained from them.

 Party A – Kelechi, she has done work of designing 10 luxury houses.

 Party B – breach of express term, not to name her.
A may be able to bring claim of restitution for what?
A reasonable sum for the work done or goods supplied.
Damages:
Restitutionary Damages: Account for profit
Based on the gain to Big Build
Attorney General v Blake/ Experience Hendrix v PPX
Is Kelechi likely to succeed?
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Compensatory Damages:
Based on the loss to Kelechi
Wrotham Park v Parkside Homes
Why might damages be appropriate – factors?
Was breach by BB deliberate?
Would K have difficulty to establish loss?
Does K have a legitimate interest?
Is Kelechi likely to succeeded?

A reasonable sum can be based on the account of profit.

Kelechi could get compensatory damages based on Wrotham Park Estate v Parkside
Homes (1974).

Reasonable sum for the work done. It is very hard to get it.

Blake case is exceptional, in Hendrix case there was no success, so

Wrotham Park Estate v Parkside Homes (1974)

Was breach by BB deliberate? Yes

Does K have a legitimate interest? Yes
Would K have difficulty to establish loss? Yes
Is Kelechi likely to succeeded?
Court would need to ask What she would have asked as payment?
It is uncertain and subject to negotiation.

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