000 01742cad a22001935a 4500
001 L138770
008 070710e20070328xxk f v 000 0 eng d
035 _a(Sirsi) u138770
041 0 _aeng
245 0 0 _aGolden Strait Corporation v Nippon Yusen Kubishka Kaisha
_h[electronic resource]
260 _c2007
520 _aConsidered whether a party in repudiation of a contract can rely on events that happened after an agreement is broken to limit the damages. The appellant shipowner (G) appealed against a decision that it was not entitled to damages measured by reference to the full term of a time charter that had been repudiated by the respondent charterers (N). The contract included a war clause that allowed either party to terminate the contract if war should break out between certain named countries. N repudiated the contract be redelivering the ship to G, G accepted the repudiation and claimed damages. War subsequently broke out and the arbitrator determined that this placed a limit on the damages. G argued the outbreak of war was irrelevant. The issue was whether the damages for repudiation should be assessed on the knowledge available at or about the date of the breach of contract or on the known situation at the date of legal proceeding. "Held": appeal dismissed. A subsequent event, some time after the breach, can limit the measure of damages.
590 _aKA
650 2 4 _aGOLDEN STRAIT CORPORATION V NIPPON YUSEN KUBISHKA KAISHA
651 4 _aUnited Kingdom
_y
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKHL/2007/12.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c78985
_d78985