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United Kingdom affirmationdebt vs damagesmitigation

White & Carter (Councils) Ltd v McGregor

[1962] AC 413; [1961] UKHL 5
JurisdictionUnited Kingdom
CourtHouse of Lords (on appeal from Scotland)
Year1961
StatusBinding authority

Key Principle

Where one party repudiates a contract, the innocent party is not bound to accept the repudiation and may, where it can complete performance without the cooperation of the repudiating party, perform and sue for the agreed price as a debt rather than for damages, in which case the duty to mitigate does not arise.

Area of Law

Contract and Commercial

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