IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL …

1 IN THE high COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG case NUMBER: 10831/12 In the matter between: CIRANO INVESTMENTS 307 (PTY) LTD Plaintiff and EXECUJET AVIATION (PTY) LTD Defendant Coram: WEPENER J Heard: 19 MARCH 2014 Delivered: 22 MARCH 2014 DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: _____ _____ DATE SIGNATURE 2 Summary: Breach of contract damages claim - general damages rule on mitigation of loss not to be confused with calculation of claim for loss of profit _____ JUDGMENT _____ WEPENER J: [1] The plaintiff seeks damages from the defendant as a result of the defendant s breach or repudiation of a written agreement in terms whereof the defendant leased an aircraft from the plainti

In this case the plaintiff made this task of the defendant easier by conceding the duty to mitigate and setting out the amount of the mitigation. [15] The defendant’s case is that the manner in which the plaintiff alleges it damages, ie the rental value less the expenses, results in the plaintiff claiming a loss of profit

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