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

Simple item page
dc.contributor.advisorHare, Johnen_ZA
dc.contributor.authorDeacon, Melissa Emmaen_ZA
dc.date.accessioned2015-04-02T14:17:23Z
dc.date.available2015-04-02T14:17:23Z
dc.date.issued2012en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThe 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.en_ZA
dc.identifier.apacitationDeacon, M. E. (2012). <i>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</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/12667en_ZA
dc.identifier.chicagocitationDeacon, Melissa Emma. <i>"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."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2012. http://hdl.handle.net/11427/12667en_ZA
dc.identifier.citationDeacon, M. 2012. 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. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Deacon, Melissa Emma AB - 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. DA - 2012 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2012 T1 - 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 TI - 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 UR - http://hdl.handle.net/11427/12667 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12667
dc.identifier.vancouvercitationDeacon ME. 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]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2012 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12667en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherShipping Lawen_ZA
dc.titleAssessment 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 Achilleasen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_law_2012_deacon_m.pdf
Size:
505.04 KB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Masters