← All Authorities
United Kingdom
affirmationdebt vs damagesmitigation
White & Carter (Councils) Ltd v McGregor
[1962] AC 413; [1961] UKHL 5
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
Related Cases