- Cited — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…be recovered for a loss which has been avoided (e.g. British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Company of London Ltd [1912] AC 673, 679), may also have a role to play.…”
- Cited — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…the Claimant in consequence of the breach, which mitigated his loss: British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Ltd [1912] AC 673, 689, 691 (Viscount Haldane LC). These principles represent a coherent approach to avoided loss. In Parry v Cleaver [1970] AC 1, 13, Lord Reid derived them fro…”
- Cited — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…ded all or part of their losses. In the classic case of British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673, 689 Viscount Haldane described the principle that the claimant cannot recover for avoided loss in these terms: ‘when in the course of his business [the claima…”
- Explained — Allianz Global Investors GMBH & Ors v Barclays Bank PLC & Ors 2022-03-23
“…The Banks emphasised, by reference to British Westinghouse Electric and Manufacturing Company Limited v Underground Electric Railways Company of London Limited [1912] AC 673 (HL), that the fundamental basis of awards of damages is compensation for pecuniary loss naturally flowing from the breach. But, as explained by Viscount Halda…”
- Cited — Allianz Global Investors GMBH & Ors v Barclays Bank PLC & Ors 2022-03-23
“…the Claimant in consequence of the breach, which mitigated his loss: British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Ltd [1912] AC 673, 689, 691 (Viscount Haldane LC). These principles represent a coherent approach to avoided loss. In Parry v Cleaver, at p 13, Lord Reid derived them from consi…”
- Considered — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…thority, including the Supreme Court in Sainsbury’s, treats the analysis by Viscount Haldane LC in British Westinghouse Electric v Underground Electric Railways[1912] AC 673 at page [689] (“British Westinghouse Electric”)as articulating the governing principles of mitigation. These were, even in 1912, considered to be “well settled…”
- Cited — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…ided all or part of their losses. In the classic case of British Westinghouse Electric and Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd[1912] AC 673, at 689 Viscount Haldane LC described the principle that the claimant cannot recover for avoided loss in these terms:…”
- Cited — Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd 2020-03-05
“…ney can do it as if the breach had not occurred: see e.g. British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673, 689. Where the breach of contract arises from loss or destruction of or damage to property (as it does where the contract is a property insurance policy), the…”
- Cited — Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd 2020-03-05
“…The point is illustrated by the leading case of British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd [1912] AC 673, where new steam turbines purchased by a railway company to replace those supplied by the appellants were more efficient than those they replaced and the House…”