Transfield Shipping was a charterer. It hired use of Mercator's ship, The Achilleas. Transfield was meant to have the ship for five to seven months, and return it no later than midnight on 2 May 2004. Mercator contracted to let the ship to another charterer (Cargill International SA) on 8 May 2004 at $39,500 a day for four … See more The Achilleas or Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48 is an English contract law case, concerning remoteness of damage. See more Arbitration The arbitrators of the case, by a majority, decided in favour of Mercator. They held that the loss from getting a lower price on the next chartering … See more • Remoteness in English law • Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 Ex Ct • Victoria Laundry (Windsor) v Newman Industries [1949] 2 KB 528 See more • Full text of judgment See more The Commercial Court in 2010, in the case of Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd., reviewed the Transfield decision, because Transfield's conclusion - that a defaulting party would not be liable for reasonably foreseeable costs if the parties did not … See more 1. ^ "Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48 (9 July 2008)". Bailii.org. Retrieved 7 September 2024. 2. ^ Lord Hoffmann noted, "If this voyage could not reasonably have been expected to allow redelivery by 2 May 2004, the owners could probably have … See more WebAchilleas was also briefly discussed, and dismissed. The essence of the reasoning was to return to foreseeability as the essence of the test. Of course market falls are foreseeable. For Sir Bernard, this case did scant justice to the learning of SAAMCO and whatever its relation is to Achilleas, maybe even reaching the wrong result.
Recoverable Damages and The “Achilleas” - A New Approach? - Steams…
WebPay Per Article. Pay US$35.00 to read this article online (or download the article pdf). Buy 3 or more articles and receive a 25% discount! - access expires after 48h. WebThe paper examines various cases before and after the Achilleas judgement and tries to clarify the position of Common Law on Remoteness of damages as it stands to day. In sum, the decision in subsequent case of Slyvia Shipping helpfully clarifies the uncertainty created by the House of Lords' decision in The Achilleas. community support trust middlesbrough
The Achilleas : Forsaking Foreseeability - OUP Academic
WebFeb 17, 2024 · a) The Achilleas was a charterparty case where the late redelivery of a ship resulted in the owner losing profit on an agreed follow-on charter: as a result of the delay, the owner had to renegotiate the rate of the follow-on charter to … Webcase was not concerned with damages for breach of contract but with the award of statutory compensation payable under a notice preventing a coal mine from mining a seam. The House of Lords emphasised that compensation was payable for the loss of the use of the coal mine and “not the price on a transaction of sale”. WebAug 24, 2024 · It also deals with one of the issues discussed in The Achilleas case 3 - the assumption of liability. If the charterers were aware of the possibility of losses as per this subclause, they could be said to have assumed liability for them. ... (The Achilleas) [2008] UKHL 48. Print page Email page community support walsall