香港把妹達人 第145集
日期：2013年7月13日
主持：DC, Norris
嘉賓：Dr. Mr. Philip, 第三届船河特工旁聽, 毒王Cas
主題：PUAHK之壹號皇庭
(免責聲明: 本集節目內的法律意見, 只供參考, 本台, 節目主持, 及嘉賓, 並不負任何責任)
Dr. Philip 提供的參考案例 Criminal Law Cases:
1) George [1956] Crim LR 52 Lincoln Assizes -defendant removed shoes from women’s feet because he found it sexually gratifying
-Removing shoes is not unambiguously sexual so would not come within S.78 (a) 2) R v Donovan (1934) AER 207 D caned a girl of seventeen for purposes of sexual gratification. Maritime Law Case Doctrine of remoteness
２) Transfield Shipping Inv v Mercator Shipping Inc (The Achilleas) -Time charterparty: for about five to seven months
-The latest date for redelivery: 2 May 2004 -20 April 2004 the charterers gave notice of redelivery between 30 April and 2 May 2004 -A new charterparty: for four to six months, at a daily rate of US$39,500
-The latest date for delivery to the new charterers: 8 May 2004
-The vessel was not redelivered to the owners until 11 May.
-The hire of the new charterparty was reduced to $31,500 a day. Are the first charterers liable to pay only for the use of the ship for the number of days that they were late at the market rate then prevailing? ($158,301) Or are they liable to pay the difference between what the owners would have got from the new charter had the ship been returned in time and what the owners in fact got? ($1,364,584, based on the $8,000 loss per day they suffered over the 191-day duration of the follow-on charter.)
Judgment by Lord Hoffmann:
-The damages for late delivery are the difference between the charter rate and the market rate
-One must first decide whether the loss for which compensation is sought is of a “kind” or “type” for which the contract-breaker ought fairly to be taken to have accepted responsibility
-A party may not be liable for foreseeable losses if they are not of the type or kind for which he can be treated as having assumed responsibility.