Omak Maritime Ltd v Mamola Challenger Shipping Company (The "Mamola Challenger")
| Jurisdiction | England & Wales |
| Date | 2011 |
| Year | 2011 |
| Court | Queen's Bench Division |
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9 cases
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Thai Airways International Public Company Ltd (Claimant/Part 20 Claimant) v KI Holdings Company Ltd (formerly known as Koito Industries Ltd) and Another (Defendant/Part 20 Claimant)
...its expenditure if the contract had been performed: see Omak Maritime Ltd v Mamola Challenger Shipping Co [2010] EWHC 2026 (Comm), [2011] 1 Lloyd's Rep 47; Yam Seng Pte Ltd v International Trade Corp Ltd [2013] EWHC 111 (QB), [2013] 1 Lloyd's Rep 526, para 187. In this regard the English ......
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A v B
...the tribunal said, it might have been better to spell out that it did not think The Mamola Challenger [2010] EWHC 2026 (Comm); [2011] 1 Lloyd's Rep 47 had any application, although insofar as the case was relied on in support of the compensatory principle that principle was self-evident. 49......
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Karim Frederick Dhanani v Serge Crasnianski
...have been in had the contract been performed; see Omak Maritime Limited v Mamola Challenger Shipping [2010] EWHC 2026 (Comm) and [2011] 1 Lloyd's Rep. 47. Had the contract been performed, and had, as is more likely than not, the Defendant chosen to veto the investments suggested by the Cla......
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Yam Seng Pte Ltd (a Company Registered in Singapore) v International Trade Corporation Ltd
...can be recovered as damages for breach of contract was considered by Teare J in Omak Maritime Ltd v Mamola Challenger Shipping Co [2011] 1 Lloyd's Rep 47. In his masterly judgment Teare J has shown that awarding compensation for wasted expenditure is not an exception to the fundamental pri......
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1 books & journal articles
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Contract Theory and Gain‐Based Recovery
...See Omak Maritime Ltd vMamola Challenger Shipping Co Ltd (TheMamola Challenger) [2010] EWHC 2026 (Comm); [2011] Bus LR 212; [2011] 1 Lloyd’s Rep 47.For a difficult, but illuminating, application of this principle, see Commonwealth vAmann AviationPty Ltd (1991) 174 CLR 64 (HCA).3 For example,......