The achilleas case

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August undefined, 2024

WebFeb 2, 2024 · On 02/02/2024 UNITED STATES OF AMERICA filed a Forfeiture - Other Forfeiture lawsuit against ALL PETROLEUM-PRODUCT CARGO ABOARD THE ACHILLEAS WITH INTERNATIONAL MARITIME ORGANIZATION NUMBER 9398072.This case was filed in U.S. District Courts, District Of Columbia District. The Judge overseeing this case is Paul … WebSep 21, 2009 · In the recent decision of Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2009] 1 AC 61 (9 July 2008), the UK House of Lords unanimously overturned previous case law to hold that ...

Remoteness in contract, The Achilleas and The Sylvia: what does …

Web%Notice here the distinctive manner of citation -- and, see further the way the pinpoint references are inputted into the text. (This is another virtue of Latex: it's hard to do this with these cases on MS Word.) @jurisdiction{achilleas, title = {Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas)}, shorttitle = {The Achilleas}, 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. the northwestern nursing home

Remoteness Practical Law

WebNov 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 ... 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”. WebFeb 28, 2024 · In The Achilleas, [2008] UKHL 48, the House of Lords set out a bespoke rule as to what damages could be recovered by a shipowner in respect of the time charterer’s breach in redelivering the vessel late – market value at the time of breach less time charter hire rate for the period from when the vessel should have been redelivered, up to the time … the northwestern newspaper oshkosh wi

High Court confirms no new remoteness test for damages in

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

WebIn determining the scope of contractual liability, The Achilleas shifts the focus to identifying the types of loss for which a contract-breaker assumes responsibility. It is now the leading case on remoteness in contract law, particularly for commercial disputes, and reformulates significantly the classic tests in Hadley v. 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 ... the northwestern newspaperWebThe controversial case Achilleas was submitted to The United Kingdom Supreme Court last year after the judgement of the Court of Appeal which was in favour of the owner. The House of Lords surprisingly overturned the decision of the lower courts and redefined the long established rules on foreseeability and remoteness of damages for breach of contract. the northwestern oshkosh wi

"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, ... " - The achilleas case

The achilleas case

UNITED STATES OF AMERICA v ALL PETROLEUM-PRODUCT …

WebCaught in the winds of The Achilleas is the considered judgment of the Singapore Court of Appeal in Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd.In direct … WebSep 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, ...

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WebFeb 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. 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 …

WebAchilleas case (2008) considered of ‘assumption of responsibility’ but this will only be applied in unusual cases) The normal consequences of supplying poisonous fish food would be the illness and/or death of the fish. Even if the consequences of the breach were more serious than expected WebABOARD THE ACHILLEAS WITH INTERNATIONAL MARITIME ORGANIZATION NUMBER 9398072, Defendant. ))))) Civil A ... Case 1:21-cv-00305 Document 1 Filed 02/02/21 Page 2 of 12 - 3 - press-releases/sm703 . On October 13, 2024, …

WebNow turn to the Achilleas. Detail the issue in the case and the different approach adopted by the Law Lords in the case. The approach introduced by Lord Hoffman and Lord Hope should be discussed. Evaluate the intention-based conceptual footing of remoteness. It is consistent with the general principles of contract. WebJan 16, 2013 · The Achilleas Kallakis case is a graphic demonstration of the way in which the British Virgin Island's regime of offshore secrecy has served to facilitate fraud. Kallakis, ...

WebC Czarnikow Ltd v Koufos or The Heron II [1969] 1 AC 350 is an English contract law case, concerning remoteness of damage. The House of Lords held that the "remoteness" test, as a limit to ... The Achilleas [2008] UKHL 48; Notes. References This page was last edited on 18 May 2024, at 12:23 (UTC). Text is available under the ...

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 the northwestern specialists for womenWebCharterer (D) was bound to redeliver the ship to the ship owner (C) on 2 May, but delivered it late on 11 May. Owners had entered into a follow-on time charter with a third party … the northwestern obituariesWebConsequently, as the present case demonstrates, those in the same or similar industries and those having dealings with other industries as a matter of course (for example, shipowners as regards international commodity traders and vice versa) are much more likely to be deemed to have a wider shared knowledge of normal industry practices and market … the northwestern specialists for women llcWebEighthly, 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 … the northwestern rhinelander wiWebThe Department of Justice filed a case in a U.S. district court, seeking to seize the cargo on the Greek-owned Achilleas tanker, according to a statement on Tuesday. The U.S. has gone to court in ... the northwestern shipWebHowever, since Hadley, a number of cases have further refined the test for remoteness of damages. One particular case, that of Transfield Shipping Inc v Mercator Shipping Inc [2008] (more commonly known as The Achilleas), was considered by some to have altered the approach laid down in Hadley. the north western stock midWebSep 13, 2013 · The House of Lords opinion in The Achilleas 1 has generated a considerable amount of commentary. A Westlaw search yielded five pages worth of citations. 2 … the northwestern trust company