13 May 2010
Durham Tees Valley Airport Ltd v BMIBaby Ltd and another [2010] EWCA Civ 485, [2010] All ER (D) 57 (May)
In circumstances where the parties had entered into an agreement in which they had not specified to what extent their obligations should be performed, on the question of damages for breach of those obligations, the court had to conduct a factual inquiry as to how the contract would have been performed had it not been repudiated.
Its performance was the only counter-factual assumption in the exercise, on the basis of that premise, the court had to look at the relevant economic and other surrounding circumstances to decide on the level of performance which the defendant would have adopted.
