- July 6, 2017
The New Flamenco in the Supreme Court: the effect of commercial risk-taking by a claimant on causation and damages
Introduction This Supreme Court decision raises the question of what post-breach actions of a claimant are taken into account in calculating loss, and which actions are disregarded under legal causation and mitigation principles. In particular, when can a claimant that managed to profit from breach nevertheless recover loss?