Koch Marine Inc. v D'Amica Societa di Navigazione A.R.L. (Elena D'Amico)
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division (Commercial Court) |
| Year | 1980 |
| Date | 1980 |
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79 cases
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Habton Farms (an unlimited company) v Nimmo and Another
...measure of damages. The position would then be analogous to the position discussed by Robert Goff J in Koch Marine Inc v D'Amica Societa Di Navigazione ARL (The Elena D'Amico) [1980] 1 Lloyd's Rep 75, where he was considering the measure of damages in a case of premature wrongful repudiatio......
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Fulton Shipping Inc. of Panama (Respondents/Owners) v Globalia Business Travel S.A.U. (Formerly Travelplan S.A.U.) (Appellants/Charterers)
...is to be placed, so far as money can do it, in the same position as if the contract had been performed. He referred to The Elena D' Amico [1980] 1 Lloyd's Rep 75 for the correct approach where there was an available market and to The Kildare [2011] 2 Lloyd's Rep 360 and The Wren [2011] 2 Ll......
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Fulton Shipping Inc. of Panama v Globalia Business Travel SAU (formerly Travelplan SAU) of Spain: The New Flamenco
...the third rule of mitigation when there is no such limitation in relation to losses under the second rule. 42 The Elena D'Amico [1980] 1 Lloyd's Rep 75 , is a decision of Robert Goff J which is often treated as authority for the principle that where there is an available market, a defaultin......
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Assetco Plc v Grant Thornton UK LLP
...shortly, the claimant cannot generally recover for avoided loss.” 883 The three rules were endorsed by Robert Goff J in The Elena d'Amico [1980] 1 Lloyd's Rep 75, 88–89 and by Leggatt J in Thai Airways International Public Co Ltd v KI Holdings Co Ltd [2015] EWHC 1250 (Comm), [2016] 1 All ER......
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2 firm's commentaries
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From Philadelphia To The Moon!
...not quite the same. There are cases where reasonable actions by claimants have been held to sever the causal link. The Elena D'Amico [1980] 1 Lloyd's Rep 75 is an example - a chartered vessel became unavailable. The charterers decided not to charter a replacement, and this was held to have ......
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The 'NEW FLAMENCO'
...between the contract and the market rate of hire, is only applicable when there is an available market (as in The Elena D'Amico [1980] 1 Lloyd's Rep 75). In that case, a decision to speculate on the market at the date of the breach did not arise from the contract but from the innocent party......
1 books & journal articles
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CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
...Solicitors [2017] 2 WLR 1029, 1039 [20] (Lord Sumption JSC, Lord Neuberger PSC, Lords Mane, Clarke and Hodge JJSC agreeing). (17) [1980] 1 Lloyd's Rep 75 ('The Elena (18) See above n 3 and accompanying text. (19) The Elena D'Amico (n 17) 88. (20) In Canada, see Hodgkinson v Simms [1994] 3 S......
