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"British Westinghouse and The New Flamenco: misunderstanding mitigation" [2019] ELECD 2883; in Goldberg, P. Victor (ed), "Rethinking the Law of Contract Damages" (Edward Elgar Publishing, 2019) 88

Book Title: Rethinking the Law of Contract Damages

Editor(s): Goldberg, P. Victor

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: British Westinghouse and The New Flamenco: misunderstanding mitigation

Number of pages: 12

Abstract/Description:

While both British Westinghouse and The New Flamenco have been analyzed in terms of mitigation, this chapter argues that in neither is mitigation relevant. In the former, the new, superior turbines would have been installed even had the Westinghouse turbines met the contractual specifications. It would therefore have been a mistake to compensate the buyer for the cost of the new (Parsons) turbines. In the latter, when a charterer repudiated its contract, the owner’s sale of the vessel was not caused by the repudiation and the subsequent fall in the vessel’s value was not relevant in determining damages.