M - Mitigation
2/10/19
NATIXIS SA v MAREX FINANCIAL [2019] EWHC 2549 (Comm)
The claimant succeeded in a claim for damages for the defendant’s breach of contract in providing forged warehouse receipts in connection with repo transactions for the purchase of nickel. The court considered principles of common mistake [181], bailment [227], collateral contracts [251], estoppel [280], negligence [289], the impact of disclaimers [353], contributory negligence [445], the court’s approach to clauses negativing duties and liabilities [481], the reasonableness test under the Unfair Contract Terms Act 1977 [513] and mitigation [538].
2/7/14
GUL BOTTLERS (PVT) LTD v NICHOLS PLC [2014] EWHC 2173 (Comm)
Considers principles of mitigation and avoidable loss in a claim for breach of contract [22]. On the facts the innocent party had not acted unreasonably in refusing to enter into a new agreement with the party in default.
16/5/13
MANTON HIRE & SALES LTD v ASH MANOR CHEESE CO LTD [2013] EWCA Civ 548
Considers the duty of a claimant to mitigate by accepting offers of remedy. Although a claimant must act reasonably in mitigating loss, the standard is not high. The hirer of a fork lift truck which was too big to manoeuvre in the hirer’s premises did not fail to mitigate by refusing the supplier’s proposals to modify the vehicle. The proposals to modify had not been made with sufficient detail.