The methods of assessment of Gain-Based Damages in English law and its adaptation to some legal regulations in Iranian law and Looking at German law

Balipour Babadi, Saeid; Ahmadi, Firouz; Mirzaei, Jamshid

doi:10.48300/jlr.2025.481018.2756

The methods of assessment of Gain-Based Damages in English law and its adaptation to some legal regulations in Iranian law and Looking at German law

Articles in Press

Document Type : Original Article

Authors

Saeid Balipour Babadi ¹

Firouz Ahmadi ²

Jamshid Mirzaei ²

¹ PhD student in Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

² Assistant Professor, Law Department, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

10.48300/jlr.2025.481018.2756

Abstract

Abstract
In English law, there are two different ways to assessment of Gain-Based Damages. In a method known as the »Wrotham Park« measure, assessed by reference to the objective value of the benefit received by the defendant And courts determine the price that a reasonable person in the plaintiff's position might demand from the defendant at the time of breach of contract. But in another method, which is known as the Blake measure, a different approach is applied. In this measure, the amount of damages is assessed according to the objective and real benefit of the defendant. And the courts require the defendant to disgorge the actual net benefit received from the breach. In Iranian law, we can saeid There is no place for Gain-Based Damages, but in some rare cases, traces of for Gain-Based Damages approach can be found, each of which may correspond to one of the above two criteria.

Keywords

Gain-Based Damages

assessment

compensation

Blake measure

Worthom Park measure