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Double-Recovery in Cargo Claims: are sales contracts truly res inter alios acta?

Charles Debattista and Francis Hornyold Strickland ask in this article whether a cargo claimant can and should recover its full cargo loss from a carrier, irrespective of any gains made under the sale contract.  Traditionally, the sale contract is res inter alios acta and the claimant could make an easy - and unjustifiable - windfall.  How does this square with the Golden Victory and Swynson v Lowick, the compensatory principle and the modern understanding of res inter in general contract law? 

Please see full text of article by clicking the link below. If you would like to discuss this article further, please contact Charles and Francis’ clerk, Mike Wright, on 020 7440 6900 or mike@36stone.co.uk

 

 

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