Where one party terminated a contract without cause, damages were to be assessed on the basis of the contract provision allowing that. Certain aspects of causation should be side stepped, as with the law of repudiation. It was not open to the terminating party to seek to reduce the damages it should pay, by arguing that the claimant company, which had fallen into insolvency after the contract was terminated, would have gone into liquidation in any event. Damages were to be assessed on the basis that the contract would have been performed.
Citations:
Times 16-Jan-2001, Gazette 01-Feb-2001
Damages, Contract
Updated: 15 May 2022; Ref: scu.79057
