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United Kingdom repudiatory breachexpectation damagesmitigation

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

Summary

On affirmation following repudiatory breach, the innocent party must perform their obligations and may recover the contract price, subject to the duty to mitigate.

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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