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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll