Implied Obligation of the Parties under International Trade Sale, Carriage of Good by Sea, Charter Party, Sale Contract

By

ACKNOWLEDGEMENT

I would like to thank my supervisors, friends and family, without their support this research study would not have been possible.

DECLARATION

I adjudge that the entire content of this dissertation is entirely my own work; the content used in this dissertation has not been submitted before in any educational institution and represents my own opinion.

Signed __________________ Date _________________

ABSTRACT

Carriage is simply the transportation of goods/cargo from one location to another. It involves loading, stowage, transportation, unloading and delivery. It is the normal, indeed crucial, incident to the contract of sale that the goods should be shipped to the buyer .Depending on the type of contract we are dealing with; this duty may fall either on the seller or the buyer. The party who arranges for the goods to be shipped is the shipper. This research has been designed to fulfill certain underlying objectives, which could facilitate in better understand the detail about the the rules relating to carriage of goods by sea. To know about the obligation of the parties under international trade sale, carriage of good by sea , charter party , sale contract. To know in brief about the sale contracts based on sea carriage. Thus, The parties before making a sale contracts must consider the international sale contract rules and obligations. Both the parties if belong to different countries must consider both countries trade and freight laws and implement accordingly. They must not violate or breach international sales contract.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 1: INTRODUCTION1

Introduction1

Contract: definition, essential elements, general terms and Requirements2

Essential Elements3

Bilateral Contracts3

Unilateral Contracts3

Contract Formation and Enforcement4

International Contract Standards And Model Legislation4

Uniform Commercial Code6

Mutual Assent: The Offer, Promise, Undertaking Or Commitment9

Background of Study10

Research Aims & Objectives11

CHAPTER 2: LITERATURE REVIEW12

International Trading System12

UN Sales Convention14

Rights of a Common Carrier16

Liabilities of a Common Carrier17

The Sources Of Regional Contract And Sales Law17

Carriage of Goods by Sea18

Types of Freight19

The Carrier's (Implied) Responsibilities under a Bill Of Lading20

Seaworthiness20

Deviation22

Interrelationship between Regional Customary or Traditional Rights and Contract and Sales Law23

Legal regimes potentially applicable to international trade transactions involving brazilian parties party autonomy24

Choice-of-Law Freedom24

Choice-of-Forum Freedom26

CISG as the Governing Law28

Contracting State Domestic Law as the Governing Law29

Contract Formation Under The Brazilian Law31

Contract Formation Under The Cisg33

Legal Tradition and Sources of Law33

CHAPTER 3: METHODOLOGY37

Introduction37

Research Paradigm37

Appropriateness of research design37

Qualitative research method37

Secondary Research Methods39

Date Collections39

Ethical Concerns39

Reliability/Dependability40

Validity42

Using keywords43

CHAPTER 4: ANALYSIS AND DISCUSSION44

Allocation Of Risk And Performance Issues: Contract For The Sale Of Goods44

Seller's Obligations: Tender and Delivery44

Buyer's Obligations: Inspection and Payment45

Sale of Goods Act of 198645

Risk of Loss: Sales Contracts47

Risk of Loss: Absence of Breach47

Implied Warranties48

Voyage Charter Obligations48

Sale contracts based on sea carriage50

CIF (cost, insurance, freight - Cost, Insurance and Freight) - destination port.50

CFR (cost and freight - cost and freight) the port of destination51

FOB (free on board - free on board) - the port of discharge51

FAS (free alongside ship - Free Alongside Ship) - The port of discharge52

CHAPTER 5: CONCLUSION AND RECOMMENDATIONS53

Recommendations57

BIBLIOGRAPHY59

CHAPTER 1: INTRODUCTION

Introduction

The carriage of goods means the transportation of goods from one place ...