Manage your damages expectations! Says the Commercial Court
The Commercial Court recently dampened the Fiat car group's hopes of receiving a loss of profits pay out from Lotus by dismissing its application for summary judgment on a claim for repudiatory breach of contract.
In so doing, the Commercial Court confirmed that when assessing damages, a defendant will only be required to fulfil the minimum contractual obligations and a claimant will not get more than they bargained for. The case serves as a useful reminder of the difference between contractual termination and termination for repudiatory breach. To read the full facts of the case and commentary, please click here.
 Comau UK Limited v Lotus Lightweight Structures Limited  EWHC (Comm)