Chapter 10: The Achilleas: forsaking foreseeability
In The Achilleas, the House of Lords gave the most recent interpretation of Hadley v. Baxendale and the limits on the recovery of consequential damages. Lord Hoffmann rejected the emphasis on foreseeability and “the requisite degree of probability of loss,” focusing instead on the tacit assumption of the parties. This chapter examines how the tacit assumption framework applies to the particular facts of The Achilleas.
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