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This can be the case whether or not evidence is adduced that a convenient termination would have occurred in reality.
The judge in this case seemed to treat the very existence of the clause itself as a reason to limit the damages.
Facts of Comau
Comau (which is part of the Fiat group) contracted to supply goods and services for a moncler ghany vest black new production line (to manufacture chassis) at a Lotus factory.
The contract provided for staged payments of the contract price in accordance with a payment schedule. parajumpers super lightweight alissee jacket Explanatory Statement Information about the Scheme that we must provide under the terms of Part 26 of the Companies Act 2006.
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In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paidThe second change will effect significant improvements to cashflow.
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The 'minimum performance' or 'least onerous obligations' rule
Before turning to the Court's findings in Comau, it is worth explaining the other key legal issue which underpins the decision.
Although the judge did not rely on Shell v Dana Gas, it is clear that the decision is consistent with the principles emerging from those cases.
'
The Court disagreed with Comau's argument that it was entitled to the loss of profits it expected to earn over the whole life of the contract.
Interestingly, no evidence was adduced to support that this is what Lotus would have done – the existence of the clause itself seems to have been treated as determinative by the judge.
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Comau's contractual 'expectation interest' was therefore limited to the profit it
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