“… century later the rule was well-established. In that case Diplock LJ accepted as correct the principle (stated by Scrutton LJ in Abrahams v Herbert Reiach Ltd [1922] 1 KB 477) that in an action for breach of contract “a defendant is not liable in damages for not doing that which he is not bound to do”. He said that the principle exp…”
“…ere the defendant has a discretion as to how a contract can be performed. A contract of this kind was considered by this court in Abrahams v Herbert Reiach Ltd [1922] 1 KB 477. Publishers undertook to republish the claimant’s magazine articles in book form, paying a royalty on each copy sold. The form, price, publication date and num…”