Transfield Shipping Inc V Mercator Shipping Inc
''The Achilleas'' or ''Transfield Shipping Inc v Mercator Shipping Inc'' 008 UKHL 48 is an English contract law case, concerning remoteness of damage. Facts 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 to six months. But Transfield did not return the ship until 11 May. With two weeks to go they were appointed to carry coals from Qingdao, China across the Yellow Sea to Tobata and Oita, Japan. Since it was returned late, the new charterer, Cargill, agreed to take the ship, but only at $31,500 a day, since the freight market had fallen sharply. The question was how much Transfield should pay to Mercator for returning the ship late. Transfield argued they should only pay an amount reflecting the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Hadley V Baxendale
''Hadley & Anor v Baxendale'' ''& Ors'' 854EWHC J70is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to him. Facts The claimants, Mr Hadley and another, were millers and mealmen and worked together in a partnership. A crankshaft of a steam engine at the mill had broken and Hadley arranged to have a new one made by W. Joyce & Co. in Greenwich. Before the new crankshaft could be made, W. Joyce & Co. required that the broken crankshaft be sent to them in order to ensure that the new crankshaft would fit together properly with the other parts of the steam engine. Hadley contracted with defendants Baxendale and Ors to deliver t ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Lord Rodger
Alan Ferguson Rodger, Baron Rodger of Earlsferry, (18 September 1944 – 26 June 2011) was a Scottish academic, lawyer, and Justice of the Supreme Court of the United Kingdom. He served as Lord Advocate, the senior Law Officer of Scotland, before becoming Lord Justice General and Lord President of the Court of Session, the head of the country's judiciary. He was then appointed a Lord of Appeal in Ordinary (Law Lord) and became a Justice of the Supreme Court when the judicial functions of the House of Lords were transferred to that Court. Early life and career Alan Rodger was born on 18 September 1944 in Glasgow, to Professor T Ferguson Rodger, Professor of Psychological Medicine at the University of Glasgow, and Jean Margaret Smith Chalmers, and educated at the independent Kelvinside Academy in the city. He studied at the University of Glasgow, graduating with an MA, and at the University's School of Law, taking an LLB. He then studied at New College, Oxford—under Da ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Cory V Thames Ironworks Co
As a given name, Cory is used by both males and females. It is a variation of the name Cora, which has Greek origins and is the maiden name of the goddess Persephone. The name also can have origins from the Gaelic word ''coire'', which means "in a cauldron", or "in a hollow". As a surname, it has a number of possible derivations, including an Old Norse personal name Kori of uncertain meaning, which is found in Scandinavia and England. As an Irish surname it comes from Ó Comhraidhe (descendant of Comhraidheh). Notable people or fictional characters named Cory include: * Cory Aldridge (born 1979), American baseball player *Cory Alexander (born 1973), American basketball player *Cory Arcangel (born 1978), American digital artist *Cory Asbury (born 1985), American Christian musician and worship pastor *Cory Bent (born 1997), English footballer *Cory Booker (born 1969), United States senator from New Jersey *Cory Bowles (born 1973), Canadian actor and choreographer *Cory Carr (bo ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Blackburn J
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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David Hope, Baron Hope Of Craighead
James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019. Early life A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (''née'' Collie), and educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank lieutenant. In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. H ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Liverpool City Council V Irwin
{{Clist implied terms ''Liverpool City Council v Irwin'' 976UKHL 1is a leading English contract law case, concerning the basis on which courts may Implied terms in English law">imply terms into contracts; in particular in relation to all types of tenancies (including leases of land), a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts. Facts Three 15-storey tower blocks were built in Everton, Liverpool in 1966. Each had 70 units, a stairwell, two lifts, and a rubbish chute. Mr and Mrs Irwin were tenants from July 1966. The common parts were vandalised, the lifts did not work, the stair lights failed, the chute was blocked, lavatory cisterns blocked and overflowed. Th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Victoria Laundry (Windsor) V Newman Industries
''Victoria Laundry (Windsor) Ltd v Newman Industries Ltd'' 9492 KB 528 is an English contract law case on the remoteness of damage principle. Facts Newman Industries Ltd was meant to deliver a boiler for Victoria Laundry (Windsor) Ltd. The delivery was five months late. As a result of not having enough laundry capacity, Victoria Laundry lost a lucrative contract from the Ministry of Supply. It issued for the ordinary profit that it had forgone through not having the boiler on time. The question was whether it could also claim the extraordinary profit it would have made, had it been able to take advantage of the lucrative Ministry of Supply contract. Judgment Asquith LJ in the Court of Appeal held that Newman Industries only had to compensate for the ordinary, not the extraordinary loss of profits. He distinguished (at p 543) losses from “particularly lucrative dyeing contracts” as a different type of loss which would only be recoverable if the defendant had sufficient kno ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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C Czarnikow Ltd V Koufos
''C Czarnikow Ltd v Koufos'' or ''The Heron II'' 9691 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 liability, is, in contract, more restrictive than it is in tort. Facts Koufos chartered a ship (the Heron II) from Czarnikow to bring 3,000 tons of sugar to Basra. It was nine days late. The sugar price had dropped from £32 10s to £31 2s 9d. Koufos claimed the difference in the loss of profit. Czarkinow knew there was a sugar market, but not that Koufos intended to sell it straight away. Judgment The House of Lords held that the loss was not too remote. They stated that the test for remoteness in contract is narrower than it is in tort. While in tort any damage of a type which is reasonably foreseeable can be claimed, Lord Reid ruled that, in contract, the defendant must ought to have realised that the loss was 'not unlikely to result from the breach of contract'. A higher degree of pro ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Hyundai Merchant Marine Co Ltd V Gesuri Chartering Co Ltd (The Peonia)
Hyundai is a South Korean industrial conglomerate ("chaebol"), which was restructured into the following groups: * Hyundai Group, parts of the former conglomerate which have not been divested ** Hyundai Mobis, Korean car parts company ** Hyundai Asan, a real estate construction and civil engineering company * Hyundai Motor Group, the automotive part of the former conglomerate ** Hyundai Motor Company, an automobile manufacturer ** Hyundai N *** Hyundai Motorsport, a racing team *** Hyundai Motor India ** Hyundai Rotem, a manufacturer of railway vehicles, defense systems, and factory equipment ** Hyundai Engineering & Construction, a construction company * Hyundai Heavy Industries Group, the heavy industry part of the former conglomerate ** Hyundai Heavy Industries, the primary company representing the group ** Hyundai Corporation, a trading and industrial investment company ** Hyundai Mipo Dockyard, a shipbuilding company ** Hyundai Oilbank, a petroleum refinery company ** Hyundai Sa ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Arta Shipping Co Ltd V Thai Europe Tapioca Service Ltd (The Johnny)
Arta, ARTA, or Artà may refer to: Places Djibouti * Arta, Djibouti, a regional capital city in southeastern Djibouti * Arta Mountains, a mountain range in Djibouti * Arta Region, Djibouti Greece * Arta, Greece, a regional capital city in northwestern Greece * Arta (regional unit), Greece * Ambracian Gulf, also known as the Gulf of Arta, a gulf of the Ionian Sea Elsewhere * Arta, Azerbaijan, a village and municipality * Artà, an independent municipality and village on the Spanish Balearic island of Majorca * Arta Terme, a ''comune'' (municipality) in Friuli-Venezia Giulia, Italy * Nartë (Arta in Greek), Albania * Medieval Despotate of Arta (1358–1416) in modern Albania Organizations *Arta Industrial Group, a multinational conglomerate headquartered in Tehran, Iran *Arta FM, first Kurdish radio station in Syria *Auckland Regional Transport Authority, New Zealand *Autobacs Racing Team Aguri, a Japanese auto racing team *CE Artà, a football club in Spain's Balearic Islands Oth ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |