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Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas
Includes bibliographical references.
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
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Department of Public Law
2015
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| _version_ | 1867613212123332608 |
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| access_status_str | Open Access |
| author | Deacon, Melissa Emma |
| author2 | Hare, John |
| author_browse | Deacon, Melissa Emma Hare, John |
| author_facet | Hare, John Deacon, Melissa Emma |
| author_sort | Deacon, Melissa Emma |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12667 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:33.381Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12667 Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas Deacon, Melissa Emma Hare, John Shipping Law Includes bibliographical references. The test for remoteness of damages laid down in Hadley v Baxendale has survived more than a century and a half with comparatively little meddling from the English courts. That is not to say there has been no attempt at refinement or clarification. The recent decision in The Achilleas saw five Law Lords coming to the same conclusion as to the rule’s effect but for very different reasons. This dissertation will consider the historical development of the Hadley v Baxendale rule, its rationale, its application in the later English cases of Nettleship, Victoria Laundry and The Heron II, the approaches adopted by the House of Lords in The Achilleas, its subsequent effect in The Amer Energy and The Sylvia, the difference in approach adopted in tort and finally will conclude with a comparison of the approaches to assessing remoteness of damages in English and South African law. 2015-04-02T14:17:23Z 2015-04-02T14:17:23Z 2012 Master Thesis Masters LLM http://hdl.handle.net/11427/12667 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Shipping Law Deacon, Melissa Emma Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| thesis_degree_str | Master's |
| title | Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| title_full | Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| title_fullStr | Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| title_full_unstemmed | Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| title_short | Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas |
| title_sort | assessment of contractual damages developments in the test for remoteness in contractual damages under english and south african law with particular regard to the 2008 house of lords judgement in the achilleas |
| topic | Shipping Law |
| url | http://hdl.handle.net/11427/12667 |
| work_keys_str_mv | AT deaconmelissaemma assessmentofcontractualdamagesdevelopmentsinthetestforremotenessincontractualdamagesunderenglishandsouthafricanlawwithparticularregardtothe2008houseoflordsjudgementintheachilleas |