The Golden Victory and assessment of damages in one off sale contracts

The well established and accepted English law principle on damages is that damages are to be assessed at the time of breach (or when the loss is suffered), which usually occurs at the time when performance becomes due.

However, this breach date principle is not an absolute one and as Lord Wilberforce in Johnson v Agnew [1980] AC 367 stated, if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.