“…In Durham Tees Valley Airport Ltd v BMIbaby Ltd [2010] EWCA Civ 485 it was held that where a contract imposed a single obligation, rather than alternative obligations, and gave a party discretion as to how to perform that oblig…”
“…The judge preferred British Gas’s submissions on this issue. He cited the decision of this court in Durham Tees Valley Airport Ltd v Bmibaby Ltd [2010] EWCA Civ 485, [2011] 1 All ER (Comm) 731, a case in which the defendant airline had contracted to base and fly two aircraft from the claimant’s airport over a 10 year perio…”
“…ing conducted a factual inquiry as to how the contract would have been performed: Durham Tees Valley Airport Ltd v BMI Baby Ltd & Anr [2011] 1 All ER Comm 731; [2010] EWCA Civ 485.…”