Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)
| Jurisdiction | UK Non-devolved |
| Judge | LORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD RODGER OF EARLSFERRY,LORD WALKER OF GESTINGTHORPE,BARONESS HALE OF RICHMOND |
| Judgment Date | 09 July 2008 |
| Neutral Citation | [2008] UKHL 48 |
| Date | 09 July 2008 |
| Court | House of Lords |
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137 cases
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Saipol SA v Inerco Trade SA
...and in the course of reciting Saipol's submissions in paragraph 4.12 (4) the Board noted that Saipol made reference to The Achilleas [2008] UKHL 48, a decision of the House of Lords. Saipol did so because it anticipated that Inerco would make a submission founded on that authority since it ......
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Lehman Brothers Finance AG ((in Liquidation)) v Klaus Tschira Stiftung GmbH
...of that breach.” 210 An alternative approach was suggested by Lords Hoffmann and Hope in Transfield Shipping v Mercator, “The Achilleas” [2009] 1 AC 61. At paragraph [16] Lord Hoffmann explained that in the case of breach of a contractual obligation, “the consequences for which a contractin......
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Henricus Dries Claimant v Barbuda Express Ltd Defendant [ECSC]
...including the commercial context in which it was made. Dr. Dorsett referred the Court toTransfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48; [2008] WLR 348at p 12 and 16 per Lord Hoffman. 17 Dr. Dorsett Learned Counsel said that contracts are often drafted inelegantly and the wor......
- Ng Chin Tai, Trading in the Name and Style of Lean Seh Fishery and Another v Ananda Kumar Krishnan
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12 firm's commentaries
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Global Arbitration Review - The Guide to M&A Arbitration: United Kingdom
...2 QB 297 (by virtue of ‘the ction of fraud’ wording in the statute).64 Transeld Shipping Inc v. Mercator Shipping Inc (The Achilleas) [2008] UKHL 48.65 VTB Capital Plc v. Nutritek International Corp [2013] UKSC 5. English law is strict on these contractual mechanisms, as can be seen in it......
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Consequential Loss in Energy Commodity Contracts
...2 Hadley vs Baxendale [1854] 9 Ex.341 3 The Heron II [1969] 1 A.C. 350 4 Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 5 See judgment of Lord Hoffman which stated that "cases of departure from the ordinary foreseeability rule based on individual circumstance......
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'The Amer Energy': Views On 'The Achilleas' And Remoteness Of Damage In Contract
...Rep 293 is of particular interest as one of the first to provide judicial consideration of the key decision in "The Achilleas" [2008] 2 Lloyd's Rep. 275 (reviewed in November 2008 update). Mr. Justice Flaux in the Commercial Court had to consider whether a Shipowner's request for permission......
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Excluding Consequential Loss - Does It Matter If You've Been Naughty Or Nice?
...had changed little since Hadley v Baxendale until 2008, when the House of Lords decided Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48. In Transfield, their Lordships considered the policy reasons behind the law on damages, identifying an assumption of responsibility (by the......
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35 books & journal articles
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AN ACCOUNT OF ACCOUNTS
...market expectations, the court will ask if the defendant has assumed responsibility over the loss (Transfield Shipping v Mercator Shipping[2009] 1 AC 61). 118 Lambert v Lewis [1982] AC 225; Well-Blundell v Stephens[1920] AC 956. 119[1988] Ch 1. 120Bristol & West Building Society v Mothew[19......
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...746 at 751–765 (in relation to the specifc context of remedies) and 748–751. 6 [2009] 1 WLR 1988. 7 [2017] AC 467. 8 [2018] 1 SLR 363. 9 [2009] 1 AC 61. 10 [2011] 1 SLR 150. 11 [2013] 2 SLR 363. 12 Based on the leading English High Court decision of Wrotham Park Estate Co Ltd v Parkside Hom......
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The legal and commercial frameworks
...v Leighton Contractors Pty Ltd (1999) 20 WAR 489 at [42], per Ipp J (Sup Ct WA, Full Ct); Transield Shipping Inc v Mercator Shipping Inc [2009] 1 AC 61 at 83–84 [70], per Lord Walker; Mainteck Services Pty Ltd v Stein Heurtey SA [2014] NSWCA 184 at [186], per Leeming JA. It has been said, p......
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Damages
..., above note 132 at 422 (AC). 160 (1978), 83 DLR (3d) 267 (Ont HCJ). See also BG Linton Construction Ltd v CNR Co , [1975] 2 SCR 678. 161 [2009] 1 AC 61 (HL) [ Transfield ]. THE LAW OF CONTR ACTS 1024 consequences of breach, would not have been anticipated by the defendant. The case involv......
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