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United Kingdom remoteness of damagedamagescharterparties

Transfield Shipping Inc v Mercator Shipping Inc

[2008] UKHL 48; [2009] 1 AC 61
JurisdictionUnited Kingdom
CourtHouse of Lords
Year2008
StatusBinding authority

Key Principle

Whether a type of loss is recoverable for breach of contract may depend not only on whether it was within the reasonable contemplation of the parties as a likely result, but on whether the party in breach can reasonably be taken to have assumed responsibility for that kind of loss, having regard to the parties' background expectations and market understanding.

Area of Law

General case law

Related Cases

Cheltenham BC v Laird [2009] EWHC 1253 (QB); [2009] IRLR 621
Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2009] UKPC 19
Wilson v Secretary of State for Trade and Industry [2004] 1 AC 816

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