header-logo header-logo

Sale of goods

19 February 2010
Issue: 7405 / Categories: Case law , Law digest
printer mail-detail

Glencore Energy UK Ltd v Transworld Oil Ltd [2010] EWHC 141 (Comm), [2010] All ER (D) 105 (Feb)

The Sale of Goods Act 1979, s 51(2) provided that where a seller had wrongfully refused to deliver the goods to the buyer, the measure of damages was the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract.

In regard to an anticipatory repudiatory breach, the relevant date to assess the loss was the due date for delivery, alternatively the date when the goods ought reasonably to have been delivered, not the date of the repudiation or the buyer’s acceptance of it. Where there was not a ready market the court had to look at the next best evidence.

The seller was, however, only liable for such part of the buyer’s loss as was properly to be regarded as caused by the seller’s breach. If the buyer failed to take reasonable steps to mitigate his loss consequent on the seller’s breach, he was debarred from claiming any part of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
back-to-top-scroll