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Pitcher v. Shoebottom, [1971] 1 O.R. 106

Ratio:

Can recover profit but have to reduce from that profit what you have had to pay to get that profit.
Can’t recover both profits and expenses – would be double compensation

Analysis:

Damages – Difference between contract price and the value you are loosing by the contract not being fulfilled (amount P would have gained had contract been fulfilled).
Damages are being awarded to the plaintiff to put him in the same position he would have been in at the time when the defendant breached the contract.

Holding:

The plaintiff is entitled to return of the money he paid to the defendant, and the difference between the value of the land when the contract was to close and the contract price.


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