Chiemgauer Membran Und Zeltbau GmbH v New Millennium Experience Company Ltd (Record no. 67596)

MARC details
000 -LEADER
fixed length control field 01839cam a2200241 4500
001 - CONTROL NUMBER
control field ABS64082
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 000000n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u113459
245 ## - TITLE STATEMENT
Title Chiemgauer Membran Und Zeltbau GmbH v New Millennium Experience Company Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Construction Industry Law Letter
Volume/sequential designation [2001] CILL 1741-1744(4)
520 ## - SUMMARY, ETC.
Summary, etc. ChD 15 December 2000. The claimant (C) entered into a contract with the defendant (N) to roof the Millennium Dome, which included a clause allowing N to terminate it without cause as was done on in August 1997. After filing for bankruptcy in 1998 C commended proceedings against N, with summary judgement given against N on appeal. In this action, brought in accordance with CPR 24, C contended that the phrase 'direct loss and/or damage', which appeared in the contract, included loss of profit and that, in its assessment of damages, the court should assume that the C would have been able to fulfil its duties under the contract. "Held": The C was entitled to recover loss of profit and the court should apply the normal rule derived from repudiation cases and assume that C would have been able to perform the contract according to its terms. The only potential exception to this approach would have been if N could have shown that it was inevitable C could not have performed the contract correctly at the date of the acceptance of the repudiation.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DIRECT LOSS AND/OR EXPENSE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LOSS OF PROFITS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REPUDIATION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REPUDIATION OF CONTRACT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TERMINATION OF CONTRACT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CHIEMGAUER MEMBRAN UND ZELTBAU GMBH (KOCH) V NEW MILLENNIUM EXPERIENCE CO
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILDING AND CONSTRUCTION-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 05/07/2001   ABS64082 113459-1001 06/08/2019 1 06/08/2019 Law report