ENGLISH CARRIAGE OF GOODS BY SEA ACTS

English Carriage of Goods by Sea Acts

English Carriage of Goods by Sea Acts

Assignment Option 1

Who is liable for the ten (10) containers which never crossed the ship's rail together with were lost in the sea? Why?

Ans. .In relation to the sale of goods contract, the whole spectrum of possible delivery terms are available to the parties. However in practice, the contract is likely to fall under one of the recognized heads. The letters are a summary or together with of the terms of the contract : usually a price term together with also signifies the delivery point. However even the together with together with form contracts eg fob, cif, are often modified by the express or implied agreement of the parties. Roskill LJ in The Albazero [1977] AC 774, 809: “It is a trite observation which what is sometimes called a true f.o.b. contract or a true c.i.f. contract is a comparative commercial rarity. Contacts differ infinitely according to the wishes of the parties to them. Though a contract may include the letters f.o.b. or c.i.f. amongst its terms, it may well be which other terms of the contract clearly show which the use of those letters is intended to do no more than show where the incidence of liability for freight or insurance will lie as between purchaser together with seller. However is not to denote the mode of performance of the seller's obligations to the purchaser or the purchaser's obligations to the seller.

In other cases, though the letters c.i.f. are used, other terms of the contract may show which the property is intended to pass on shipment together with not upon tender of together with payment against the documents so tendered, or though the letters f.o.b. are used, other terms may show which the property was not intended to pass on shipment however upon tender together with payment, the seller by the form in which he took the bills of lading intending to reserve his right of disposal until he was paid against the shipping documents.” Attempts have been made to together with or harmonize international sales law. In between the two the main choice is between a dispatch contract (i.e. the seller must ship the goods from his own country for delivery them to a carrier however thereafter has no responsibility for them) or an arrival contract (where the seller's duty is to deliver the goods to the purchaser at an agreed destination point in the purchaser's country together with the seller is responsible for them up to which point). Thus in the four main forms of contract we will be considering. Seller's country Carrier Purchaser's country ex-works for the cif delivery duty paid ex works contracts essentially the seller simply makes delivery at or near his own place of business, as he might do to a local purchaser, together with everything else is up to the purchaser. Property, possession together with risk will normally pass at the point of ...