Hugh Davis, ‘The Problems with Amann: Would an Agreement-Centred Approach to Remoteness Benefit Australian Jurisprudence?’

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.

Hugh Davis, The Problems With Amann: Would An Agreement-Centred Approach To Remoteness Benefit Australian Jurisprudence?, University of Western Australia Law Review vol 42(2):1 (2017).

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