Dampskibsselskabet "Norden" A/S v Andre & CIE. S.A

Dampskibsselskabet "Norden" A/S v Andre & CIE. S.A

There was an available market in which Norden could have replaced the contract at the date of termination. The normal measure of damages applies, being the difference between the contract rate and the available market rate at the date of termination. There were no exceptional circumstances to justify departing from this measure.

Parties
Claimant: DAMPSKIBSSELSKABET “NORDEN” A/S; Defendant: ANDRE & CIE. S. A
Jurisdiction
England and Wales
Judgment Date
30 January 2003
Procedural Posture
Commercial Contract Dispute / Judgment After Trial on Quantum of Damages
Outcome
Judgment for the claimant on quantum of damages
Legal Topics
Damages for Breach of Contract, Available Market, Measure of Damages, Derivative Contracts, Freight Agreements
Contract Law Commercial Law Damages for Breach of Contract Available Market Measure of Damages Derivative Contracts Freight Agreements

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Parties

DAMPSKIBSSELSKABET “NORDEN” A/S

Claimant

ANDRE & CIE. S. A

Defendant

Procedural Posture

Commercial Contract Dispute / Judgment After Trial on Quantum of Damages

Legal Issues

  1. 1 Was there an available market for a replacement FFA at the date of termination?
  2. 2 Should damages be measured by the price differential between the contract rate and the available market rate?
  3. 3 Are there reasons to depart from the normal measure of damages?

Ratio Decidendi

There was an available market in which Norden could have replaced the contract at the date of termination. The normal measure of damages applies, being the difference between the contract rate and the available market rate at the date of termination. There were no exceptional circumstances to justify departing from this measure.

Court Disposition

Judgment for the claimant on quantum of damages

Orders

  • Damages assessed at US$192,500 excluding interest