Koch Marine Inc. v D'Amica Societa di Navigazione A.R.L. (Elena D'Amico)
| Jurisdiction | England & Wales |
| Date | 1980 |
| Court | Queen's Bench Division (Commercial Court) |
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83 cases
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Habton Farms (an unlimited company) v Nimmo and Another
...the 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 repudi......
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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)
...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 Lloyd's ......
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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 defaulti......
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Assetco Plc v Grant Thornton UK LLP
...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 (Comm......
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3 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......
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Mitigation and the assessment of damages on early redelivery – “The New Flamenco”
...2015) [2] See also our ENR Client Alert which considers the decision in a sale of goods context and mitigation more generally [3] [1980] 1 Lloyd’s Rep 75 [4] [2011] 2 Lloyd’s Rep 360 [5] [2011] 2 Lloyd’s Rep 370 [6] Derived from the leading case of British Westinghouse Electric and Manufact......
3 books & journal articles
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Table of Cases
...102 LJP 101, 149 LT 498, 49 TLR 525, 18 Asp MLC 413, PDA 91 Koch Marine Inc v D’Amica Societa di Navigazione Arl (The Elena D’Amico) [1980] 1 Lloyd’s Rep 75 115 Lambe v Eames (1870) LR 6 Ch App 597, 40 LJ Ch 447, 25 LT 175, 19 WR 659, LJJ 234 Laskar v Laskar [2008] EWCA Civ 347, [2008] 1 WL......
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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......
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A Defence of Commercial Certainty in the Wake of Judicial Pragmatism Lord Bingham's Dissent in Golden Strait Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12
...rule. 48 45 Above, n 1, at [1]. 46 Above, n 1, at [9]. 47 Koch Marine Inc v D’Amica Societa di Navigazione Arl (The Elena D’Amico) [1980] 1 Lloyd’s Rep 75. 48 See Jamal v Moolla Dawood Sons & Co [1916] 1 AC 175, and the Sale of Goods Act 1979, s 51(3). 116 Part II – Company and Commercial L......