British Westinghouse Electric and Manufacturing Company Ltd v Underground Electric Railways Company of London Ltd
| Jurisdiction | UK Non-devolved |
| Court | House of Lords |
| Judgment Date | 19 July 1912 |
| Judgment citation (vLex) | [1912] UKHL J0719-2 |
| Date | 19 July 1912 |
British Westinghouse Electric and Manufacturing Company, Limited
and
Underground Electric Railway Company of London, Limited.
[1912] UKHL J0719-2
House of Lords
1
After hearing Counsel, as well on Friday the 21st, Tuesday the 25th, Thursday the 27th, and Friday the 28th, days of June last, as on Monday the 1st day of this instant July, upon the Petition and Appeal of the British Westinghouse Electric and Manufacturing Company, Limited, of Westinghouse Building, Norfolk Street, Strand, in the City of Westminster, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 14th of December 1911, might be reviewed before His Majesty the King in His Court of Parliament, and...
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452 cases
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Hussey v Eels
..."However the matter does not end there due to a vitally important mitigation point. I am persuaded by Mr. Higginson that this is a classic Westinghouse case. Mr. Higginson also referred me to the case of Bellingham v. Dhillon. Damages accrue on the date of completion: the tortious measure a......
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Bevad Ltd v Oman Ltd
...This principle was eminently expressed by Vicount Haldene, LC, in the leading case of British Westinghouse Electric and Manufacturing Co, Ltd. v. Underground Electric Railways Co. of London, Ltd. [1912] A.C. 673 at 689, when he said: "The fundamental basis is thus compensation for pecuniar......
- Malaysian Rubber Development Corporation Bhd v Glove Seal Sdn Bhd
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Dimond v Lovell
...loss to be brought into account in the calculation of damages. The leading case is British Westinghouse Electric and Manufacturing Co. Ltd. v. Underground Electric Railways Co. of London Ltd [1912] A.C. 673. Between 1904 and 1906 British Westinghouse supplied 8 steam turbines to the railwa......
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7 firm's commentaries
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Litigation & Dispute Resolution Update
...analysed a number of cases including British Westinghouse Electric and Manufacturing v Underground Electric Railways Co (London) Limited [1912] AC 673, Blue Circle Industries plc v Ministry of Defence [1999] Ch 289, Hussey v Eels [1990] 2 QB 227, Financial Services Ltd v Taber [2002] 3 All ......
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The benefit of hindsight: the Supreme Court resets the course of the New Flamenco, and the law on mitigation of damages
...[2015] EWCA Civ 1299, [23]. 9 See British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673 at 689. See also the judgment of Goff J in The Elena D'Amico [1980] 1 Lloyds Rep 75 at Charles BalmainKieran Anderson...
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From Philadelphia To The Moon!
...that of the House of Lords in British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673. More than 100 years after it was decided, the case continues to generate academic articles and new decisions. British Westinghouse also prov......
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IFI Update London, August/Octber 2008 - Part 1
...The general duty to mitigate in claims for damages was laid down by Viscount Haldane in British Westinghouse Co. v. Underground Railway [1912] AC 673, at 689. It is a question of law as whether there is a duty to mitigate in any particular case. It is a matter of fact as to whether the clai......
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7 books & journal articles
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Defects
...(TCC) at [132], per Akenhead J. 372 British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways of London Ltd [1912] AC 673; Eastern Construction Co Pty Ltd v Southern Portland Cement Ltd [1960] NSWR 505 at 506, per Owen J; Board of Governors of the Hospitals for Si......
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Mitigation, Avoided Loss, and Time of Assessment
...recover “avoidable losses.” 2 1 British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Rlys Co of London Ltd , [1912] AC 673 at 689 (HL) [ British Westinghouse ], quoted with approval in Asamera Oil Corp v Sea Oil & General Corp (1978), [1979] 1 SCR 633 at 661 [ Asamera......
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Table of cases
...388 REMEDIES: THE LAW OF DAMAGES 550 British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Rlys Co of London Ltd, [1912] AC 673, 81 LJKB 1132, [1911–13] All ER Rep 63 (HL) ....................... 428, 457 Brito (Guardian ad litem of) v Woolley, [2001] BCJ No 1692, 2001......
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Damages
...occur, see Hunt , above note 179. 199 British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Ry Co of London Ltd , [1912] AC 673 at 689 (HL), Viscount Haldane LC [ British Westinghouse ]. See also Dunkirk Colliery Co v Lever Co (1878), 9 Ch Div 20 (CA). 200 See Jewelo......
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