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The limits of foreseeability and The Achilleas

Lookup NU author(s): Dr Derek WhaymanORCiD

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Abstract

Analyses the House of Lords ruling in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas), focusing on the application of the "orthodox" approach to the test for remoteness of damage in contract. Considers theoretical bases of the remoteness rule. Reviews cases adopting the orthodox approach, arguing that this approach was misapplied in The Achilleas. Notes the "unorthodox" approaches of Lord Hoffman and Lord Hope in The Achilleas. Discusses the determination of when an alternative to foreseeability should apply regarding remoteness.

Publication metadata

Author(s): Whayman D

Publication type: Article

Publication status: Published

Journal: Journal of International Maritime Law

Year: 2011

Volume: 17

Issue: 5

Pages: 360–381

Print publication date: 01/12/2011

Acceptance date: 01/10/2011

ISSN (print): 1478-8586

Publisher: Lawtext Publishing

URL: http://www.lawtext.com/lawtextweb/default.jsp?PageID=2&PublicationID=3&pubSection=4#10

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