It will be regarded as unreasonable to require a claimant to take steps which are likely to injure its commercial reputation, or otherwise t in a way it perceives to be commercially unwise, as a mitigation of damages.
Sankey LJ said of the decision of this House in Re Hall Limited’s and Pim (Jr) and Co’s arbitration (1928) 139 LT 30, that it had ‘astonished the Temple and surprised St Mary Axe.’
Sankey LJ
[1928] All ER 110, [1929] 1 KB 400
England and Wales
Citing:
Cited – R and H Hall Ltd v WH Pim Junr and Co Ltd HL 1928
Pim sold a cargo of wheat to Hall at 51s 9d a quarter. Hall had agreed to sell a similar cargo to Williams at 56s 9d a quarter, and Williams to sell again Suzuki at 59s 3d a quarter. Pim bought a cargo of wheat on board the ‘S.S. Indianic’ at 60s a . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 10 December 2021; Ref: scu.263199