- July 27, 2023 at 3:37 pm #689021whydoyoucareParticipant
- Topics: 45
- Replies: 38
Trucker contracted with Inward plc to carry goods by road to Inward pl for £5,000. Trucker performed the contract but the amount due remains outstanding.
A recover damages for breach of contract subject to its obligation to take reasonable steps to
mitigate its loss
B apply for an order of specific performance to force Inward pl to pay
C sue for the price without any obligation to mitigate
D take back the goods from Inward plc if it still has them
Can I please get to know why it’s not A and why is C the answer? How to differentiate between when action for price and when damages are payable?July 27, 2023 at 8:25 pm #689038MikeLittleKeymaster
- Topics: 27
- Replies: 23001
What damages has Trucker suffered? This is simply a commercial contract – you do this and I’ll pay you.
I haven’t paid you so you’ll sue to recover the contract price
Now consider this situation. You order 100 young trees from me to be delivered to you. I deliver them on your instruction to a country 5,000 kilometers away but the consignee refuses to accept delivery. That would be a case for claiming damages subject to an obligation to mitigate loss.
Is that better for you?
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