Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The Kildare)
| Jurisdiction | England & Wales |
| Judgment Date | 2011 |
| Date | 2011 |
| Year | 2011 |
| Court | Queen's Bench Division (Commercial Court) |
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5 cases
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Glory Wealth Shipping PTE Ltd v Korea Line Corporation (The "Wren")
...is that acceptance of the market rate at the date of breach is deemed to constitute reasonable mitigation" ( Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2010] EWHC 903 (Comm) at [65], David Steel J). Lord Bingham (who with Lord Walker was in the minority on the outcome of the......
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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)
...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 Rep 370 for the approach where there was no available market namely, that the loss was to be determined by ref......
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Sprint Electric Ltd v Buyer's Dream Ltd
...This is not limited to the cost of the means of mitigation which, with hindsight, would have been the cheapest, see Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2010] EWHC 903 (Comm); [2011] 2 Lloyd's Rep 360, at [65]: “The law is satisfied if the party placed in a difficult......
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Spar Shipping as v Grand China Logistics Holding (Group) Company, Ltd
...to their actual earnings over the whole period, notwithstanding the later revival of an available market: Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd (The Kildare) [2011] 2 Lloyd's Rep 360; Glory Wealth Shipping Pte v Korea Line Corporation (The Wren) [2011] 2 Lloyd's Rep 37......
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3 firm's commentaries
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The 'NEW FLAMENCO'
...consequences of his decision to mitigate his loss. The Court, therefore, held that the arbitrator was right to rely on The Kildare [2011] 2 Lloyd's Rep 360 and The Wren [2011] 2 Lloyd's Rep 370. In The Kildare, there was no available market at the time of the repudiation, but the market lat......
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Owners Validly Exercised Right To Withdraw For Non-Payment Of Hire And Awarded Discounted Damages For Repudiatory Breach
...that those were losses that Owners had not yet sustained (following Zodiac Maritime Agencies Ltd v Fortescue Metals Group Ltd [2011] 2 Lloyd's Rep 360). Owners were also partially successful in claims for stevedore damage. One claim was upheld, as it was fully supported with a notice of dam......
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Mitigation and the assessment of damages on early redelivery – “The New Flamenco”
...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 Manufacturing Co Ltd v Underground ......