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The limits of foreseeability and The Achilleas

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Whayman, D. ORCID: https://orcid.org/0000-0003-1026-5646 (2011) The limits of foreseeability and The Achilleas. Journal of International Maritime Law, 17 (5). pp. 360-381. ISSN 1478-8586

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Abstract/Summary

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 Hoffmann and Lord Hope in The Achilleas. Discusses the determination of when an alternative to foreseeability should apply regarding remoteness.

Item Type:Article
Refereed:Yes
Divisions:No Reading authors. Back catalogue items
Arts, Humanities and Social Science > School of Law
ID Code:117603
Publisher:Lawtext Publishing
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