“…For the avoidance of doubt…from Spring 2006 bmibaby will support a x2 based operation operating exclusively from DTVA.”
“…in ordinary cases, every wrongdoer is bound to put the party injured, so far as the nature of the case allows, in the same situation in which he would have stood if the wrong had not been done. … Where a man is bound by covenants to do one of two things, and does neither, there in an action by the covenantee, the measure of damage is in general the loss arising by reason of the covenantor having failed to do that which is least, not that which is most, beneficial to the convenantee: and the same principle may be applied by analogy to the case of a trustee failing to invest in either of the two modes equally lawful by the terms of the trust. … The trustee is answerable for not having done what he was bound to do, and the measure of his responsibility should be what the cestui que trust must have been entitled to, in whatever mode that duty was performed.”
“In an action for not supplying a cargo under a charter party, according to the terms of which different articles of freight are to be paid for at different rates by weight, and the freighter is at liberty to supply which articles he pleases, an average value of freight, calculated upon the various rates of freight in the proportion of different articles usually carried on such a voyage, is the proper measure of damages.”
“Where a ship is chartered to bring home a cargo of enumerated articles at rates of freight specified for each, which articles are not provided by the charterer, the freight must be paid upon average quantities of all of the articles, whether the ship return empty or laden with a cargo of articles different from those enumerated.”
“Generally speaking, where there are several ways in which the contract might be performed, that mode is adopted which is the least profitable to the plaintiff, and the least burthensome to the defendant.”
“If the contract…is simply in the alternative, to do one of two things, it would be satisfied by the performance of either, and the damages would be the loss occasioned by non-performance of that alternative which would be least beneficial to the plaintiff. If the true construction be that of the two things to be done one depended upon the non-performance of the other, that is, if the defendant did not return the bills, then he should pay the amount of them, the damages would be the non-payment of that amount. The rule of law is clear, that, in the case of alternative contracts, the person who has to perform the contract has the right to elect which branch of the alternative he will perform. On the other hand, it is equally clear, if the contract is to do a thing, and if not to pay a sum of money, then the damages for not doing the thing are the sum of money.”
“The law is concerned with legal obligations only and the law of contract only with legal obligations created by mutual agreement between contractors - not with the expectations, however reasonable, of one contractor that the other will do something that he has assumed no legal obligation to do.”
“I know of no principle on which he could claim as damages for breach of one service agreement compensation for remuneration which might have become due under some imaginary future agreement which the defendants did not make with him but might have done if they wished.”
“The broad principle that a defendant in an action for breach of contract is not liable for doing that which he is not bound to do will not be applicable willy-nilly in a case where the employer is contractually obliged to exercise his discretion rationally and in good faith in awarding or withholding a benefit provided for under the contract of employment. Where the employer fails to do so, the employee is entitled to be compensated in respect of such failure.”
“Everything likely to affect the amount of the profit must be considered; the nature and popularity of the subject matter, the reputation of the authors, the cost of producing a book on that subject, the price at which it would command a sale, the business capacity of the publishers and the chances of earning a profit by the sale of the book. On the other hand the publishers are not bound to run risks contrary to their judgment; they would naturally and properly allow for fluctuation in the public taste for literature of this kind.”
“The obligation broken, assuming breach to be established, was a single discrete obligation to procure the appropriate loading documents. No question of alternative obligations arises. No question of rendering the sellers liable for not doing that which they were not bound to do arises. The question is not: what was the least burdensome method of performing the obligation which the sellers failed to perform?...When assessing damages, the board should not have proceeded on the premise that, had the vessel berthed promptly, the sellers would have berthed so slowly that they would have used all the available lay time. The board’s task was to ask how long loading would have taken, had World Navigator berthed promptly without losing her place in the queue. If the sellers were in a position to influence the loading rate, then the board should have considered how they would have done so. That question fell to be answered, not by assuming that the sellers would have loaded at the slowest permissible rate, but by considering all the factors that would have been likely to influence their conduct.”
“The truth of the matter is that by their assumed breach the sellers had in effect deprived themselves of the ability, if they were to escape their liability to pay damages, to load only at the minimum rate prescribed, and put on themselves the necessity of loading at a higher rate in order to prevent such a liability occurring.”