Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)

JurisdictionUK Non-devolved
JudgeLORD HOFFMANN,LORD HOPE OF CRAIGHEAD,LORD RODGER OF EARLSFERRY,LORD WALKER OF GESTINGTHORPE,BARONESS HALE OF RICHMOND
Judgment Date09 July 2008
Neutral Citation[2008] UKHL 48
Date09 July 2008
CourtHouse of Lords
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137 cases
  • Saipol SA v Inerco Trade SA
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 20 June 2014
    ...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 ......
  • Lehman Brothers Finance AG ((in Liquidation)) v Klaus Tschira Stiftung GmbH
    • United Kingdom
    • Chancery Division
    • 22 February 2019
    ...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......
  • Henricus Dries Claimant v Barbuda Express Ltd Defendant [ECSC]
    • Antigua and Barbuda
    • High Court (Antigua)
    • 20 November 2008
    ...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
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
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12 firm's commentaries
  • Global Arbitration Review - The Guide to M&A Arbitration: United Kingdom
    • United Kingdom
    • JD Supra United Kingdom
    • 18 December 2018
    ...2 QB 297 (by virtue of ‘the ction of fraud’ wording in the statute).64 Transeld 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......
  • Consequential Loss in Energy Commodity Contracts
    • United Kingdom
    • JD Supra United Kingdom
    • 9 October 2015
    ...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......
  • 'The Amer Energy': Views On 'The Achilleas' And Remoteness Of Damage In Contract
    • United Kingdom
    • Mondaq United Kingdom
    • 23 July 2009
    ...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......
  • Excluding Consequential Loss - Does it Matter If You've Been Naughty Or Nice?
    • United Kingdom
    • Mondaq UK
    • 18 March 2016
    ...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
  • AN ACCOUNT OF ACCOUNTS
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...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......
  • CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December 2019
    • 1 December 2019
    ...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......
  • The legal and commercial frameworks
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...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......
  • Damages
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ..., 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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