||Julian Cooke, Tim Young, Michael Ashcroft, Andrew Taylor, John Kimball, David Martowski, LeRoy Lambert, Michael Sturley
||Informa Law from Routledge
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Since the third edition of this title, there have been no earth-shaking changes to the law relating to the transportation of goods by sea. The progress of the Rotterdam Rules has been slow and uncertain. Although doubtless the fifth edition may have to devote much space to them, it has not been thought that this edition need do so. There have been some important English decisions on demurrage, on the Hague Rules package limitation and on the Carriage of Goods by Sea Act 1992, but they have been largely discrete in their operation. There has been a steady accretion of developments in the general law of contract, which inevitably have an impact on carriage contracts. Scarcely a section on the general principles of the law of contract has gone unaffected by change of some sort: the rules on determining the applicable law, repudiation, mistake, illegality, duress, the implication of terms, and the general rules of contractual interpretation and even good faith have all been subjected to judicial exegesis. The law of the assessment of damages has likewise developed not, as many thought, by a drawing back from The Golden Victory, but in quite the opposite direction, with wasted expenses loss now rationalised in line with the "compensation principle" in The Mamola Challenger and as the "available market" has become a less available tool with the post-Lehman crisis in the field of remoteness with The Kildare. Remoteness has undergone perhaps a more short-lived tremor with The Achilleas. The minimum performance principle may be ripe for substantial change after the bmiBabv case. But there have been enough changes to merit a fourth edition, changes all over the world. We have tried to embrace decisions in major jurisdictions as well as those principally involved in this book: the courts of Singapore, Australia, New Zealand, South Africa and Canada have all contributed much useful learning. We can only regret that the references to such decisions are less full than they really deserve, usually through practical difficulties of access in spite of the Internet.