영국법상 국제매매계약에서 선박매매계약의 위반에 따른협정손해배상에 관한 연구

In Priyanka Shipping Limited v. Glory Bulk Carriers Pte Limited (The Lory) [2019] EWHC2804(Comm), the High Court considered whether or not 'negotiating' damages could be awarded fora breach of contract in an agreement for the sale of a ship. The decision is of broad interestbecause it illustrates the different approaches the Courts will take depending upon the type ofcontractual right breached. In this instance, the High Court did not award damages reflecting the loss of profit caused tothe wronged party because the breached contractual obligation was not a proprietary right, or ananalogous right, such as intellectual property or rights of confidence. The Court did however upholdan injunction preventing further breaches. It is important to bear these principles in mind when negotiating agreements intended to protectan interest, which is not proprietary or analogous to that, such as an agreement not to apply forplanning permission, restraint of trade, or not to commence competing developments for a specificperiod of time. There are usually other ways to protect such rights.