Measurement of damages for repudiatory breach.
The parties had entered into a charter which was intended to last seven years. The charterers broke the charterparty. A war later occurred which would have cut the contract short in any event.
Held: The damages should reflect the owners’ appeal failed. The damages were to be limited to the sum which would have been payable had the contract continued until the subsequent presumed frustration by the war. The damages should reflect the actual loss which would have been suffered.
Judges:
Auld, Tuckey, Mance LJJ
Citations:
Times 21-Oct-2005, [2005] EWCA Civ 1190, [2006] 1 WLR 533
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Golden Strait Corporation v Nippon Yusen Kubishika Kaisha; ‘the Golden Victory’ TCC 15-Feb-2005
The parties had agreed a charterparty. The defendant repudiated the charter, but the Gulf War in 2003 meant that the the contract would have been frustrated in any event shortly afterwards.
Held: The assessment of damages for repudiation of a . .
Cited by:
Appeal from – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Cited – Bunge Sa v Nidera Bv SC 1-Jul-2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 04 July 2022; Ref: scu.231461