Durham Tees Valley Airport Ltd v Bmibaby Ltd
 EWCA Civ 485
After entering into a contract with Durham Tees Valley Airport (the “airport”) which turned out to be unprofitable, Bmibaby (the “airline”) repudiated on the basis that the terms of the contract were not specific enough regarding the level of performance.
The Court of Appeal held that every effort should be made to enforce a commercial contract. In this case, it was unnecessary to imply a level of performance into the terms of the contract and the main question that had to be asked was in questioning whether a breach had occurred, was the airline in a real and genuine sense flying its aircraft from the airport?