Podcast Location:
Download it here [file size: 20.1 MB]
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
Shipping, Maritime & Trade
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

The podcast examines the legal and factual background to the recent House of Lords decision of The Achilleas. It explains how the Law Lords approached the case and asks what impact their approaches are liable to have on the law of contractual remoteness. Crucially, it considers the extent to which Lord Hoffman and Lord Hope have defined a new doctrine in contract law and what the benefits and problems are in their approach.

Outcomes:
After completing the course you will:
  • Understand the legal and factual background to the recent House of Lords decision of 'The Achilleas';
  • Understand how the Law Lords approached the case;
  • Understand their impact their approaches are likely to have on the law of contractual remoteness;
  • Understand the extent to which Lord Hoffman and Lord Hope have defined a new doctrine in contract law;
  • Know what the benefits and problems are in their approach.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Hadley v Baxendale (1854) 9 Exch. 341;
  • Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 K.B. 528;
  • Koufos v C. Czarnikow Ltd (The Heron II) [1969] 1 A.C. 350;
  • The South Australia Asset Management Corp v York Montague Ltd [1997] A.C. 191 HL (SAAMCO);
  • Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48; [2009] 1 A.C. 61.

In this podcast we’ll examine in detail the recent decision House of Lords decision of Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 - explaining the legal and factual context, the different approaches of the Law Lords, and the ramifications of the decision for recovery of damages for breach of contract.

Podcast added: 24/08/09

Podcast last reviewed: 2011-05-27

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