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Sender:
Lionel Smith
Date:
Mon, 2 Apr 2007 15:47:57 -0400
Re:
WWF

 

I also thought of the Scott speech when I saw Charles' posting.

I suppose when we give a plaintiff in a breach of copyright case an election between compensation or account of profits, we are giving them a choice between two different ways of calculating compensation?

  

Lionel

On 2/4/07 14:54, mjackson wrote:

Participants may know that the adoption of a simple distinction between compensatory damages (incorporating restitutionary damages and covering the awards in Wrotham Park and Blake) on the one hand, and vindicatory damages on the other (including punitive damages), is one that Lord Scott has recently been advocating. Perhaps it is this view which Chadwick LJ is advancing in this case.


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