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The achilleas case

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 https://legendarytile.net

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

The Golden Victory and Beyond - Wilberforce Chambers

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The achilleas case

Recoverable Damages and The “Achilleas” - A New Approach? - Steams…

WebAug 13, 2024 · 2-min read. On 13 th July 2024, the Privy Council handed down a judgment that appears to have refined the principles from the seminal case of Hadley v Baxendale.That judgment was Attorney General of the Virgin Islands v Global Water Associates Ltd [2024] UKPC 18. In an effort to determine what exactly the rules on … WebNov 1, 2024 · The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . . At first instance – Transfield Shipping Inc of Panama v …

The achilleas case

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WebWe use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy.By continuing to use the website, you consent to our use of cookies. WebThe House of Lords decision in The Achilleas in 2008 resulted in much debate and discussion on remoteness of damage and whether a new test of “assumption of responsibility” for a particular type of loss had been introduced by at least a majority of their Lordships. ... there may be “unusual” cases, such as The Achilleas itself, ...

WebEighthly, although the relevant authorities are not rehearsed, the result in The Achilleas supports the approach taken in sale of goods cases where damages for non-delivery are presumptively assessed by reference to the market prevailing at the breach date and not by reference to any sub-sale price previously negotiated by the buyer with a sub ... WebDec 1, 2006 · The "Achilleas" is a single decker self trimming bulk carrier built in 1994. On 22 nd January 2003 she was chartered to Transfield Shipping Inc, the respondents (hereafter "the Charterers") on an amended NYPE 1946 form (hereafter "the Charterparty") for a time charter period of "about 5 to about 7 months (exact period at Charterers' option, about …

WebDownload Citation Transfield Shipping Inc v Mercator Shipping Inc (The “Achilleas”) [2008] 2 Lloyd's Rep 275 REMOTENESS OF CONTRACTUAL DAMAGESOn 9 July 2008, the House of Lords handed down ... WebJun 12, 2012 · The 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 …

WebJun 24, 2016 · Such was the case in The Achilleas. So where are we now? The principles stemming from Hadley v Baxendale are still applicable. Remoteness, like causation, still depends on the facts. Nonetheless, what was said in The Achilleas appears to reinforce the need for an examination of the contract and its background.

WebFeb 2, 2024 · UNITED STATES OF AMERICA v. ALL PETROLEUM-PRODUCT CARGO ABOARD THE ACHILLEAS WITH INTERNATIONAL MARITIME ORGANIZATION NUMBER 9398072 (1:21-cv-00305), District Of Columbia District Court, Filed: 02/02/2024 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets community support worker christchurchWebSep 4, 2014 · It argues that the decision in that case was wrong and that some of the reasoning of Lord Hoffmann may have been flawed. Nevertheless it recognises that the speech has had the important beneficial effect of clarifying that the reasonable contemplation test of Hadley v Baxendale, as refined in subsequent cases, is not the sole … community support volunteerWebFeb 12, 2013 · He had gone on to consider whether the case was unusual so as to take it outside the Hadley v Baxendale approach, i.e. whether The Achilleas was applicable. He had considered the commercial background of the contract and whether the standard approach would reflect the expectation or intention reasonably to be imputed to the parties. easy way to make bows for wreathsWebNov 1, 2008 · The article “English law – Charterers liable for loss of future fixture”, which appeared in Gard News issue No. 188, reported on the decision in the ACHILLEAS case, where the English Court of Appeal had recently confirmed that where a vessel was re-delivered later than the contract date through no fault of the owners, charterers were ... community support windsorWebSep 11, 2012 · The Achilleas (2008) ... So if the defendants were right about the custom in the shipping industry, then The Achilleas was a case where the letter and the spirit of the rule in Hadley v Baxendale might have produced divergent results. According to the letter, ... community support thank you notesWebJul 9, 2008 · It explains that The Achilleas lays down no new generally applicable test. The usual remoteness test will continue to apply to the vast majority of cases; and … easy way to make a small bowWebThe Achilleas - judgment. House of Lords restricts Charterers Liability for Late Redelivery. The House of Lords has very recently handed down judgment in Transfield Shipping Inc v … easy way to make a scarecrow