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Contract – Repudiation. The Court of Appeal, Civil Division, allowed a ship charterers' appeal regarding the measure of damages to be assessed following the charterers' repudiatory breach of contract, following which the owners sold the vessel for a higher price than would have been obtained had it been sold at the anticipated expiry of the charterparty. The court held that if a claimant adopted by way of mitigation a measure which arose out of the consequences of the breach and was in the ordinary course of business and such measure benefited the claimant, that benefit was normally to be brought into account in assessing the claimant's loss unless the measure was wholly independent of the relationship of the claimant and defendant.
Contract – Repudiation. The Court of Appeal, Civil Division, allowed a ship charterers' appeal regarding the measure of damages to be assessed following the charterers' repudiatory breach of contract, following which the owners sold the vessel for a higher price than would have been obtained had it been sold at the anticipated expiry of the charterparty. The court held that if a claimant adopted by way of mitigation a measure which arose out of the consequences of the breach and was in the ordinary course of business and such measure benefited the claimant, that benefit was normally to be brought into account in assessing the claimant's loss unless the measure was wholly independent of the relationship of the claimant and defendant.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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