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White & Carter v McGregor [1962]

Facts

  • There was a contract to carry out an advertising campaign
  • The defendant told the claimant that the campaign had not been authorised and would not be paid for
  • The claimant continued with the campaign and the defendant refused to pay

Issue

  • Were the defendants liable

Decision

  • Yes

Reasoning

  • No duty to mitigate loss where debt to be paid
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