header-logo header-logo

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

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

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll