Date: Wed, 28 Mar 2007 16:04

From: Andrew Burrows

Subject: The Golden Victory

I agree with Jason that the majority is correct on this. Had the owners reasonably tried to mitigate by going out into the market earlier that would have been different. But as they had not, their maximum loss should take into account what has actually happened. The principle is one of compensating for the actual loss as we can best assess it at the date of trial cut back where applicable (but not here) by the duty to mitigate, remoteness etc. The date of breach 'rule' is really just a reflection of the normal application of the duty to mitigate.

Andrew Burrows

<<<< Previous Message  ~  Index  ~  Next Message >>>>>