United Kingdom assessmentminimum performance rulediscretionary obligations

Durham Tees Valley Airport Ltd v BMI Baby Ltd

[2010] EWCA Civ 485

JurisdictionUnited Kingdom

CourtEngland and Wales Court of Appeal (Civil Division)

Year2010

StatusBinding authority

Key Principle

A party who affirms a contract following repudiatory breach must perform their own obligations and is entitled to recover the contract price; but the obligation to mitigate applies in assessing damages.

Area of Law

contract

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