Mesne profits for trespass are not confined to either a compensatory or restitutionary characterisation but are simply an award of damages, and where trespass occurs in the context of a failure to enter into a lease at subsidised rates, both compensatory and restitutionary measures should be assessed at the subsidised rate, not the market rate. Relief against forfeiture is unavailable where a contract terminates by automatic operation rather than by the exercise of a party's power to terminate. An implied term cannot be read into a contract where it would contradict the express terms, even where the express terms produce harsh consequences.
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