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Case Study On CIF Contracts

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Chapter 1 Introduction Overview CIF contract stands for Cost, Insurance and Freight contracts. Being one of the two most popular contracts entered into by sellers and buyers transporting the goods via ships, CIF contracts are widely accepted forms of contracts . The Supreme Court of India in the case of Phulchand Export Ltd. v. OOO Patriot has mentioned four central features of CIF contracts as follows: • CIF contracts relate to carriage of goods by sea. They form the most common form of shipping contracts. • The seller is obligated to ship the goods at the appointed time in a vessel which would go to the destination port provided in the contract. • Tendering the shipping documents as soon as the goods are dispatched, mainly the bill of lading for carriage of the goods, reasonable insurance cover for the goods and invoice for the amount due from the buyer. • …show more content…

Through research it was found that as the seller had right to sell the goods even though the goods were not in his possession physically. This was facilitated by the documents for the goods that he held. The main reason that CIF contracts are made is because it facilitates sale of goods without wasting time for the goods to reach the purchaser and therefore saves massive amounts of time, especially when the seller and the purchaser are at the opposite corners of the world. A case named State of Andhra Pradesh v. Kolla Sree Ramamurthy was also referred to where the Supreme Court of India decided that even though only the documents were sold and purchased between the buyers and sellers, the contract was a valid one and the end contract where the purchaser purchased the documents had possession over the goods of which the documents he held. Therefore it was decided that as the essence of CIF contracts is the documents that passes from buyer to purchaser, CIF contracts are contracts of sale of

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