International Commercial Law

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International Commercial Law This is a CIF contract, and the contract is for supply of goods that comply with the contract of sale, and to obtain a contract for carriage and contract of insurance. The tendering of the documents creates an obligation on the buyer to take the goods, but the risks till the goods reach the buyer are at the risk of the seller. The transfer of the goods on the basis of law, Carriage of Goods by Sea Act 1992, is valid. On the facts of the case viewed from the point of Hellenic Ltd based in France the seller if the goods were not in good condition, were there problems of packing such that the rain later spoiled the rice? In any case the goods were not delivered in proper condition. Has Hellenic Ltd complied with all legal conditions that are applicable to the seller is the issue, and if they have been, what is the remedy left for the company? The rule in Mash & Murrell V Joseph Emannuel LTd [1961] All ER 485 will become applicable with the passing of risk on board to the seller. The company could sue the buyer under the Sale of Goods Act. In section 20 the PASSING OF RISK. Generally is to the buyer." the goods remain at the seller's risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not it can be argued that once the bill of lading has passed to the buyer, and the buyer has acted on it, the buyer is bound by
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