The buyers repudiated an oil purchase agreement and the sellers accepted their repudiation. The sellers could not show that they would have been able to obtain the oil to sell.
Held: They were not entitled to substantial damages.
Lord Justice Roch,
Lord Justice Ward,
Lord Justice Waller
[1999] 1 All ER (Comm) 173, [1999] 1 Lloyds Rep 483, [1998] EWCA Civ 1953
Bailii
England and Wales
Citing:
Appeal from – North Sea Energy Holdings NV v Petroleum Authority of Thailand ComC 25-Mar-1997
ComC Damages – repudiation by buyer – need for seller claiming profits by reference to a specific supply contract to establish ability to obtain supply – claim to damages by reference to loss of profit on . .
Approved (Megaw LJ) – Maredelanto Compania Naviera SA v BergbauHandel GmbH (The Mihalis Angelos) CA 1-Jul-1970
The parties had agreed a charterparty. The ship was to sail to Haiphong to load a cargo for delivery in Europe. The charterer had a right to cancel if the vessel was not ready on a certain date, but a few days earlier they repudiated the charter. . .
Approved – Lavarack v Woods of Colchester Ltd CA 1967
Damages for wrongful dismissal could not confer on an employee extra benefits that the contract did not oblige the employer to confer. There is a clear distinction between expectations, however reasonable, and contractual obligations.
Diplock . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 05 December 2021; Ref: scu.145432
