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19 February 2010
Issue: 7405 / Categories: Case law , Law digest
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Sale of goods

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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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