SC Confectia SA v Miss Mania Wholesale Ltd [2014] EWCA Civ 1484 (29 October 2014)

SC Confectia SA v Miss Mania Wholesale Ltd [2014] EWCA Civ 1484 (29 October 2014)

The inability of Miss Mania to recover the garments from the sub-buyer was unforeseeable and too remote to be recoverable from Confectia. Damages should be assessed at the date of breach, reflecting the value of the garments at that time, and Miss Mania was required to mitigate its loss by recovering and reselling...

Source-derived case information.

Citation
[2014] EWCA Civ 1484
Parties
Appellant/claimant: SC Confectia SA; Respondent/defendant: Miss Mania Wholesale Ltd
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Civil Appeal / Appeal From Central London Civil Justice Centre Judgment
Outcome
Appeal dismissed
Legal Topics
Damages for Breach of Contract, Remoteness of Damage, Mitigation of Loss, Assessment of Damages, Allocation of Risk
Contract Law Damages for Breach of Contract Remoteness of Damage Mitigation of Loss Assessment of Damages Allocation of Risk

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Parties

SC Confectia SA

Appellant/claimant

Miss Mania Wholesale Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London Civil Justice Centre Judgment

Legal Issues

  1. 1 Whether the insolvency and striking off of a third-party sub-buyer was an intervening and/or unforeseeable event breaking the chain of causation or rendering loss too remote under the contract
  2. 2 Whether damages should be assessed at the date of breach or at a later date reflecting market value changes
  3. 3 Whether the claimant took reasonable steps to mitigate loss

Ratio Decidendi

The inability of Miss Mania to recover the garments from the sub-buyer was unforeseeable and too remote to be recoverable from Confectia. Damages should be assessed at the date of breach, reflecting the value of the garments at that time, and Miss Mania was required to mitigate its loss by recovering and reselling the garments. There was no basis to depart from the standard assessment date or to allocate the risk of the sub-buyer's insolvency to Confectia.

Court Disposition

Appeal dismissed

Orders

  • The appeal by SC Confectia SA is dismissed.