International Trade Law and Contracts
Added on 2020-01-28
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INTERNATIONAL LAW OF THE SALEOF GOODS
TABLE OF CONTENTSINTRODUCTION................................................................................................................................3TASK 1.................................................................................................................................................31.1................................................................................................................................................31.2................................................................................................................................................41.3................................................................................................................................................51.4................................................................................................................................................61.5................................................................................................................................................71.6................................................................................................................................................71.7................................................................................................................................................81.8................................................................................................................................................81.9................................................................................................................................................9CONCLUSION....................................................................................................................................9
INTRODUCTIONIn the given report, the concept of contracts of international sales of goods and FOB and CISare described. Insurance of cost is a term in which the seller arrange the goods to deliver them fromby sea to port and can be helpful for the buyer to get the goods from the port. (Honnold andFlechtner, 2009). Apart from this, FOB shows that the supplier has to pay the costs and it has to bepaid at a specified destination so that the buyer can take it from the particular destination.Responsibilities. Thus, these both are the different terms which are to be used in overseas trading.CISG is the term which elaborates the contract which is made between the parties underinternational laws. This is the term which demonstrates about the overseas trade when the goods aresold at the international level. The purpose of the report is to identify the role of CISG approach inoverseas trading of goods. In this study, various elements which are required to implement theinternational sales law are explained.TASK 11.1For making a research, it is important to identify the key areas which are influenced by thecore subject of research. There are various legal systems which are to be adopted and followed forcarrying out the research in a legal manner. For doing the research, it is important to make a plan forthe process and then take all the essential elements into consideration so that a proper combinationcan be made and an appropriate outcome can be availed (Kindström, Kowalkowski, and Nordin,2012). For making a good and a thorough research, it is significant to consider all the legaldoctrines and then initiate the research. Thus, legal study is based on the subject matters and itslegal compliances therefore to give it a complete and accurate form, it is important to take care ofall the regulations in a global context.A CIF agreements requires that the seller to deliver the goods in the shipment so that thegoods under the particular contract can be delivered to the destination. He is also arrange theinsurance facility of the goods so that it can be beneficial for the buyer. Under a CIF agreement it is the duty of the buyer to manage all the billing expenses andloading charges. Insurance policy explains those expenditures which are to be paid by the seller atthe time of shipment of the goods at the port. Along with this the buyer is liable to pay against thedocuments, and he is liable for the damages and losses of the goods during the delivering process.The seller gives the goods the buyer and with this he also gives the documents. He is liable todeliver the goods to the buyer at any point. (Ferrari, 2011).
1.2Agreements made under international sales of goods (CISG) have been issued for regulatingauthorities. These conflicts are law related, cultural issues, and versatilities in judicial interpretationof the laws. These difficulties have created a big issue before the courts that what will happen if theproblems regarding such issues will arise in frequent way. CISG is one of the greatest achievementsfor the commercial law in international context. In many jurisdictions, both lawyers and courts areusing the concept of CISG to make it simple for applying the rules of the agreement in varioussituations (Einhorn, 2009.). This term of the contract is applied when the parties have made thecontracts under this law. However, CISG does not apply to all the contracts but it applies in onlythose situations when the agreements are made for sale of goods internationally. In some cases, itdoes not apply to commercial sales of goods but apart from that contract for services are alsoexcluded from this applicability. International Sales of goods contracts are most effective for those transactions which aremade for overseas countries. Many lawyers have described that there is a benefit of CIGS in thenation. Some lawyers therefore choose to draft agreements made under international sale of goodsin accordance with the domestic law because they think that it is likely to provide a more desirableoutcome for their clients. CISG applied to their client's contracts or even existed.The sellers fulfil his duty when he deliver the carriage on the port. After this the buyer has topay all the costs from the delivery and he is liable for the risk also. Cartage and loading expensesare to be borne by the buyer. He has to pay all the charges. This term is used only at the time whengoods are sold through sea or land. (Lando, 2011). Duty of exporter under FOB is mentioned as under:1.Supply the goods and deliver them on time at the port. 2.The exporter to pay all the cost which are occurring at the time of loading of the goods.3.He has to pay the cost of loading.4.He is also liable to Provide export license and pay the duty of export expenses. Duty of importer under FOB is mentioned as under:1.He has to receive the goods and has to intimate this to another party.2.He has to pay all costs and risks regarding the goods from the time when they have shippedat port.3.He has to pay the cost of Fright.4.He has to pay the expenses of unloading of goods.
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