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?
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