AB Corporation v CD Company (The 'Sine Nomine') (2002) 1 Lloyd's Rep 805
Answer
In breach of contract, the owners of a vessel withdrew it from the charterers. The owners then chartered it out to some else. The charterers attempted to recover profits made by the owners from the second charterparty. The claim failed as damages were deemed a perfectly adequate remedy and the charterers had no legitimate interest in preventing the owners from retaining their profits gained from the breach. The 'exceptional' nature of Blake was emphasised. It was made clear that restitutionary damages are not available in unexceptional cases of commercial breach. It is recognised that in many cases, particularly commercial cases, the breach is in fact deliberate in the sense that it is knowingly done for commercial reasons. To allow restitutionary claims in such cases would revolutionise contractual remedies and would represent an undesirable shift from the compensatory nature of contractual damages.
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#contract #law #remedies
Question
AB Corporation v CD Company (The 'Sine Nomine') (2002) 1 Lloyd's Rep 805
Answer
?
Tags
#contract #law #remedies
Question
AB Corporation v CD Company (The 'Sine Nomine') (2002) 1 Lloyd's Rep 805
Answer
In breach of contract, the owners of a vessel withdrew it from the charterers. The owners then chartered it out to some else. The charterers attempted to recover profits made by the owners from the second charterparty. The claim failed as damages were deemed a perfectly adequate remedy and the charterers had no legitimate interest in preventing the owners from retaining their profits gained from the breach. The 'exceptional' nature of Blake was emphasised. It was made clear that restitutionary damages are not available in unexceptional cases of commercial breach. It is recognised that in many cases, particularly commercial cases, the breach is in fact deliberate in the sense that it is knowingly done for commercial reasons. To allow restitutionary claims in such cases would revolutionise contractual remedies and would represent an undesirable shift from the compensatory nature of contractual damages.
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Open it AB Corporation v CD Company (The 'Sine Nomine') (2002) 1 Lloyd's Rep 805. In breach of contract, the owners of a vessel withdrew it from the charterers. The owners then chartered it out to some else. The charterers attempted to recover profits made by the
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