Cif And Fob Contracts Essays

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• The Banks’ Responsibilities when documents are tendered for payment • The buyer and his right of access to the goods: selling the goods on by endorsement • The seller’s duty to tender a document accurately recording the state of the goods on shipment • The seller’s duties regarding the contractual terms of the bill of lading • Rejection of goods and documents • Fraud in international trade Teaching methods include: • Seminars, where students will be expected to read set secondary and primary sources in advance; • Tutorials, which will give students the opportunity to resolve practical problems in small groups.

Learning activities include: • Reading and understanding relevant practitioner texts • Reading and analysing relevant primary sources, e.g.

S20 So GA 1979 provides that, unless otherwise agreed, risk will usually pass with but, frequently not the case in international contracts. contracts, risk will pass on shipment, regardless of whether property passes at that and this is so even where the goods have been shipped in unsegregated parcels.

In particular, unlike ownership, risk can pass before the goods have been ascertained, at any rate where the goods form part of a larger, but identified, bulk. There are, however, three situations which require special mention: (1) First, in an contract, where the seller is obliged physically to deliver the goods at the discharge port, risk will often pass at that stage.

oil contract, the period will often refer to the time of arrival at the discharge port, and not the period during which the cargo is to be shipped.

Nevertheless, risk of contamination or deterioration on the voyage will still almost certainly fall on the buyer. Arrival: March It was expressely provided that title and risk were to pass at the loadport.On a true construction of the contract obligation was to load a contractual cargo on board a nominated vessel within a time which in the ordinary course of events would enable the cargo to arrive at both discharge ports within the stipulated period.contrast, in the Jambur 10 the clause read: Latest 30th April 1990 cif as full cargo per m.t. on 28th The vessel was involved in a collision and did not arrive in time.If, however, the obligation that the vessel should arrive at the discharge port within the period specified is an absolute one, risk of delay to the vessel may, in effect, fall on the seller. Leggatt J said: It seems to me that the natural construction of the clause is that the nominated vessel shall be such as is expected to arrive within the period mentioned.Whether the obligation of the seller that the ship should arrive within the period is an absolute one will, of course, depend on the wording of the contract, and two contrasting cases illustrate this point. It does not wear the air of a contract designed to procure the guarantee of delivery within the period stipulated.It can be seen that the cargo was sold afloat, and the wording of the contract was far more rigorous than in the Wise.Phillips J held that the sellers were in breach, since the clause was drafted in such a way as to impose an absolute obligation.We use cookies to make interactions with our website easy and meaningful, to better understand the use of our services, and to tailor advertising.For further information, including about cookie settings, please read our Cookie Policy .Ownership The rules for the transfer of ownership are set out in the So GA 1979.For this purpose the act draws out the difference between unascertained goods and specific goods.


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