M&J MARINE ENGINEERING SERVICES CO LTD V SHIPSHORE LTD

[2009] EWHC 2059 (Comm), Queen's Bench Division, Commercial Court, London Mercantile Court, Mr Justice Field, 31 July 2009

Contract - Breach - Contract for supply of wheel rollers - Time limited offer by manufacturer superseded by renewed offer for increased quantity and revised price - Order placed - All essential terms agreed - Sufficient agreement as to price - Parties' ordinary course of dealing included an Acknowledgement of Order - Lack of an Acknowledgement of Order did not prevent the formation of a binding contract of sale - Damages for loss calculated to lost profits of the first contract minus profits made on substitute contract