Payzu Ltd v Saunders
| Jurisdiction | England & Wales |
| Date | 1919 |
| Year | 1919 |
| Court | Court of Appeal |
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178 cases
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Strutt v Whitnell
...have been laid down in a number of cases and in particular in the decision of this court in the case of ( Payzu, Limited v. Saunders 1919 2 King's Bench, 581). Certainly if one takes passages from the judgment in that case and perhaps particularly from the judgment of Lord Justice Scrutton,......
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4 firm's commentaries
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E-Alert: The concept of abandonment in contracts for the sale of land
...Park Shopping Centre Pty Ltd (1989) 166 CLR 623. 16 Ogle v Comboyuro Investments Pty Ltd (1976) 136 CLR 444. 17 Payzu Ltd v Saunders [1919] 2 KB 581. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific...
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E-Alert: The concept of abandonment in contracts
...Park Shopping Centre Pty Ltd (1989) 166 CLR 623. 16 Ogle v Comboyuro Investments Pty Ltd (1976) 136 CLR 444. 17 Payzu Ltd v Saunders [1919] 2 KB 581. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific...
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The Weekly Roundup: Another Bank Holiday Edition
...1067 , CA, per Harman LJ at p.1072). (iv) Whether a claimant has mitigated their loss is a question of fact not law ( Payzu v Saunders [1919] 2 KB 581 , (v) The defendant bears the burden of proving that it was unreasonable for the claimant to take certain steps in the past or would be so u......
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Cleary Gottlieb Discusses the Context for Analyzing Force Majeure Clauses in the UK
...importance of certainty, the court rejected RTI’s analogy to the rules on mitigation, specifically to the case of Payzu Ltd v Saunders [1919] 2 KB 581, where it was held that the claimants should have mitigated their losses by accepting an offer from the defendants (which was on slightly di......
11 books & journal articles
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Defects
...May [2009] hKCFI 570 at [39], per Burrell J. 343 he Columbus Co, Ltd v Clowes [1903] 1 KB 244 at 247–248, per Wright J; Payzu v Saunders [1919] 2 KB 581; Harvey v homas Brown & Sons Ltd [1920] QSr 25 at 39–40, per Cooper CJ; he “Solholt” [1983] 1 Lloyd’s rep 605. See also Chun Wo Building C......
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Damages
...183 C Goetz & R Scott, “The Mitigation Principle: Toward a General Theory of Contractual Obligation” (1983) 69 Va L Rev 967. 184 [1919] 2 KB 581 (CA). Damages 1029 that offer and sued for damages when the market price for the goods in question escalated. Although the seller’s repudiation wa......
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Mitigation, Avoided Loss, and Time of Assessment
...other party to the contract, accepting offers made by the other party, or even paying money to the other party.” 22 Payzu v Saunders , [1919] 2 KB 581 (CA) [ Payzu ]; Westland Investment Corp v Carswell Collins Ltd (1996), 179 AR 272 (QB); Proctor Crushing , above note 5 at paras 111–19. 23......
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Table of cases
...177 Payne v Eagle Riedge Pontiac GMC Ltd, 2010 BCSC 1085 .................................. 62 Payzu v Saunders, [1919] 2 KB 581, 89 LJKB 17, [1918–19] All ER Rep 219 (CA) .............................................................................434, 437 PD v Allen, [2004] OJ No 3042 (SC......
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