Chapter Updates

8.5 Discharge by Breach

8.5.2 Anticipatory Breach – p 181

Consider White & Carter (Councils) Ltd v Mc Gregor (1962) in conjunction with Ocean Marine Navigation Ltd v Koch Carbon Inc[2003] EWHC 1936 (Comm), [2003] 2 Lloyd's Rep 693. In the latter case, the court considered circumstances in which damages for anticipatory breach would be an adequate remedy and it would be unreasonable to allow a party to choose continued performance of the contract.

8.7 DAMAGES

8.7.1 Remoteness of damage – p 183

In Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 TCC, [2006] All ER (D) 48 Jun, the court considered which losses fell within the two limbs of Hadley v Baxendale (1854). It should be noted, however, that it is likely there will always be practical problems in deciding whether losses caused by breach of contract are direct or not.