Template:Polypearl Eon headnote: Difference between revisions

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-Polypearl entered a contract with E.ON under which E.On has to buy 153,000m<sup>3</sup> of cavity wall adhesive. Don’t laugh — this is someone’s livelihood. E.ON failed to purchase it, and as a result it [[loss of profit]] on the actual sale of those contracts of over two million quid (essentially its revenue less costs of production. Polypearl also claimed a loss of opportunity to share in carbon savings it would have made had the contract been performed.
+In {{casenote|Polypearl Limited|E.ON Energy Solutions Limited}} Polypearl entered a contract with E.ON under which E.On had to buy 153,000m<sup>3</sup> of cavity wall adhesive. Don’t laugh — this is someone’s livelihood. E.ON failed to purchase it, and as a result Polypearly suffered a [[loss of profit]] on the actual sale of those contracts of over two million quid (essentially its revenue less costs of production). Polypearl also claimed a loss of opportunity to share in carbon savings it would have made had the contract been performed.
 E.On claimed exclusion for liability for “any indirect or [[consequential loss]], (both of which include, without limitation, [[pure economic loss]], [[loss of profit]], loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of [[negligence]])”
 The Judge found this a good example of a [[loss of profit]] that was a [[direct loss]], and that this liability was not therefore excluded by that exclusion. Sensible outcome reached.