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(DOC) International trade law assignment

   

Added on  2021-04-21

7 Pages1563 Words140 Views
Running head: INTERNTIONAL TRADE LAWInternational Trade LawName of the StudentName of the UniversityAuthor Note

1INTERNATIONAL TRADE LAWQuestion 1:In the field of International law, the C.I.F contracts proved to be beneficial because it actsas a contract of sale between a buyer and seller. In this regard, certain rights have been providedby the Carriage of Goods by Sea Act 1992 to the consignee of a bill of lading which is related tocontract of carriage of goods by sea. In this process certain liabilities are possessed by anindividual according to Section 2(1) of the Carriage of Goods by Sea Act 19921. It is noteworthyto mention here that, in order to possess liabilities under the Act, it is necessary that theindividual should be entitled to certain rights under Section 2(1) of the Carriage of Goods by SeaAct 1992. According to the provisions of Section 3(1) of the COGSA Act 1992 it is necessary onthe part of the buyer and his assignee to make them liable to the contract. However, in order tomake them liable for the contract, there must be a demand made by the carrier regarding thenature of the goods. In order to incur liabilities arising out of contracts, the buyer is required toclaim damages of the defected good based on the bill of lading that has been issued in relation tothe goods. In Barclays Bank Ltd v Commissioner of Custom & Excise2 it has held that for thepurpose of claiming damages from the carrier under the provisions of Section 3(1) the deliveryneeds to be stipulated from such carrier with the help of bill of lading. However, in this case itwas also held that the condition of the goods must be same after the delivery as demanded by thebuyer. Therefore, it can be observed that there was an agreement of sale between Sophie andSamantha which were based on the terms of C.I.F contracts. A bill of lading was issued in thename of Samantha’s company. Therefore, Samantha is at the authority to sue Sophie for breach1Voon, Tania SL, and Andrew D. Mitchell. "International Trade Law." (2014).2[2006] UKHL 28.

2INTERNATIONAL TRADE LAWof contract as she received the wrong goods which were not the same as they were at the time ofpurchase.Question 2:Since time immemorial, the bill of lading has been acting as evidence in case of saleagreement involving C.I.F contracts. In Sanders Brothers v Maclean & Co3it was decided that abill of lading is generally accepted as a form of evidence as it involves the process of absolutetransfer of property of goods between the buyer and the seller. A bill of lading has been termedas a living instrument in Charles Barber and Others v William Meyerstein4. It was held inSanders Brothers v Maclean & Co that the bill of lading sometimes forms the basis of a contractbetween the buyer and the carrier of goods other than that of mere evidence. It was observed inLickbarrow v Mason5that a bill of lading not only forms evidence in contract however, in mostof the cases it is regarded as the document of title based on which the buyer can claim damagesfor breach of contract. In this case it was also held that the bill of lading is used as evidence incase of contract of carriage of goods and in some cases it is recognized as an actual contract onceit is approved by a third party. However, the terms of contract which are depicted in the bill oflading are conclusive in nature and in this regard no evidence can be presented in order tocontradict those terms. It can be seen that after investigation Miriam found that the diaries were damaged whichoccurred as a result of the storage conditions of the container. In this regard, it can be stated thatMiriam can bring a claim for the damages against the Best Carriers as the containers with thediaries were carried by them. Therefore, Miriam is at the authority to claim damages from the3(1883) 11 QBD 327, 341.4(1869 70) LR 4 HL. 317 (HL).5(1788), 2 T. R. 63 and (1794) 5 TR 683).

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