Delay caused by a charterer in discharging cargo caused the shipowner to lose passengers whom he had contracted to carry but he was able to take the same passengers in another of his vessels.
Held: The shipowners’ damages were not to be reduced on that account.
In an action for breach of a contract for the quick discharge of a ship made with several persons jointly, where some of the plaintiff’s had made profits by reason of such breach of contract which they would not otherwise have made, through another ship in which they were interested having been substituted for the purpose for which the former ship was required.
Held: that the amount of the joint damages could not be reduced by the profits so made by some of the plaintiff’s individually.
(1874) LR 10 CP 300, [1875] UKLawRpCP 20
Commonlii
England and Wales
Cited by:
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
Lists of cited by and citing cases may be incomplete.
Damages, Transport
Updated: 28 November 2021; Ref: scu.642150