UNCERTAINTY, MINIMUM PERFORMANCE AND THE MEASURE OF DAMAGES

In Durham Tees Valley Airport v BMIBaby Ltd [2010] EWCA Civ 485, [2010] All ER (D) 57 (May) the Court of Appeal rejected a submission that an alleged contract between the parties was void for uncertainty and they also considered the approach to be adopted to the measurement of damages in the case where the party in breach has a substantial discretion as to the way in which the contract is to be performed.