Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas)
[2008] UKHL 48
判决理由
The remoteness test in contract may include consideration of whether the type of loss fell within the scope of the parties' assumed responsibilities, in addition to the orthodox test of reasonable contemplation from Hadley v Baxendale.
事实
A vessel was redelivered late under a time charter. The market rate had fallen sharply, and the owners lost a lucrative follow-on fixture.
判决摘要
The House of Lords held the owners could not recover the lost profit on the follow-on fixture. Lord Hoffmann held that the charterers had not assumed responsibility for that type of loss. Lord Rodger preferred the orthodox remoteness test but reached the same result.
关键引述
"The question is whether the loss was of a kind for which the party in breach assumed responsibility."
— Lord Hoffmann
后续处理
Important but controversial refinement of remoteness; the 'assumption of responsibility' approach is not universally adopted.