Scrutton LJ said: ‘A defendant is not liable in damages for not doing what he is not bound to do.’
Atkin LJ said: ‘The proper method of assessment is . . to make a reasonable computation of the amount the respondents would have received had the contract been fulfilled.’ and . .
‘[i]f a merchant makes a contract to deliver goods to a shipowner to be carried by him for reward, and the merchant fails to provide the goods, the Court must first find what is the contract which has been broken; and if it was to carry the goods to one of two alternative ports at different distances from the port of loading at rates of freight differing according to the distance, the only contract on which the shipowner can sue is a contract for carriage to the nearer port. The plaintiff cannot prove a contract for performance of the more onerous obligation. This explains why in cases of this kind the Court regards only the lesser of two alternative obligations.’
Judges:
Scrutton LJ, Banks LJ, Atkin LJ
Citations:
[1922] 1 KB 477
Jurisdiction:
England and Wales
Cited by:
Cited – Mr H TV Ltd v ITV2 Ltd ComC 8-Oct-2015
The claimant had contracted with the defendant for the production of a series of reality TV shows featuring celebrities. After severe personal clashes between the people involved on the claimants side, the contract was terminated. The claim was that . .
Lists of cited by and citing cases may be incomplete.
Damages, Contract
Updated: 04 October 2022; Ref: scu.341214