We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE PROBLEMS WITH AMANN: WOULD AN AGREEMENT-CENTRED APPROACH TO REMOTENESS BENEFIT AUSTRALIAN JURISPRUDENCE?
- Authors
DAVIS, HUGH
- Abstract
The agreement-centred approach to assessing damages for breach of contract formulated by Lord Hoffmann in The Achilleas dovetails neatly with the modern approach to contractual interpretation. In this paper, I will seek to analyse and expose what I respectfully submit are shortcomings in the joint judgment of Mason and Dawson JJ in Amann and how it contrasts with Lord Hoffmann's reasons in The Achilleas. Further, I will attempt to conflate the agreement-centred approach applied in The Achilleas with the broader task of contractual interpretation and, given the shortcomings in Amann, demonstrate how Australian jurisprudence would benefit from a consolidated, consistent approach to contractual claims, whether it be a claim for damages for breach of contract, the existence of an unexpressed term or the broader task of contractual interpretation.
- Subjects
AUSTRALIA; JURISPRUDENCE; BREACH of contract; HOFFMANN, L. H. (Leonard Hubert), 1934-
- Publication
University of Western Australia Law Review, 2017, Vol 42, Issue 2, p1
- ISSN
0042-0328
- Publication type
Article