Rights and Duties of Parties in FOB and CIF Contracts 1.0 Introduction Although governed by the general law of sale, international sales contracts contain trade terms which are not customary in domestic trade and which define many of the obligations of the parties. Each of the common types of contract is recognised by custom as having legal incidents and classification of the contract may therefore affect the rights and duties of the parties. The most common are ‘free on board’-‘f.o.b.’-and ‘cost, insurance and freight’-‘c.i.f’, although there are several variants to these basic terms, all of which place different rights and duties on the parties to the sales contract . This chapter will define the f.o.b. and c.i.f. contract and then examine the legal obligations and rights of the buyer and seller under an f.o.b. and c.i.f. contract and then point out the differences inherent between both. 1.1.1 Free On Board Contracts (FOB) The first known case that used “free on board a foreign ship” dates back as far back as the nineteenth century. This term was never the result of legislation, but developed alongside merchants’ usage and customs. It is in fact utmostly difficult to provide a single definition that will apply to all different types of f.o.b. contract. In English law, Devlin J in Pyrene and Co Ltd v Scindia Navigation Co. Ltd was the first to give judicial recognition to three different forms of f.o.b. contracts. Sassoon named these as the “strict”, the “additional
20) With regard to consideration in a sales contract, the UCC differs from the common law in that
7. Under a shipment contract, the seller is required to do all but which of the following?
WHEREAS, the Seller desires to sell to Buyer, and Buyer desires to purchase from the Seller, the Aircraft; and
This agreement made and entered into this date October 23, 2015, by and between Machines, Inc. of Austin, Texas, and Widgets, Inc. of Detroit. It was designed for both parties to understand terms and condition of their trading. This sale contract was developed by Uniform Commercial Code, which is government rules regarding businesses or companies. According to Raina article, “the terms and conditions in import contracts outline the rights and obligations of the importer and the foreign supplier in carrying out the transaction (1990, sec.1). This contract regards for the purchase of the goods described below:
Overall in the briefing sheet I have made sure that all evidence is provided, also that a clear explanation is made of how a contract protects the consumer and what happens if that contract is breached. Mainly information is suggested on the different conditions made by the sales of goods act such as title, description, fitness for purpose and also satisfactory quality. Factors that invalidate contracts:
Question 1. 1. (TCO B) All of the below would be considered good selection criteria for a buyer to use to select a seller, except (Points : 10)
When determining ‘intention to create legal relations’ in contract law, courts traditionally held the objective rebuttable presumption that commercial parties intended to create legal relations and domestic parties did not. This is an assumption made by the court that is deemed to be true unless proven to the contrary. Furthermore this meant that in family cases the onus of proof was on the plaintiff to rebut the presumption and for commercial parties the onus of proof would be on the defendant to rebut the presumption. As a result of Ermogenous v Greek Orthodox Community, In recent cases, these rebuttable presumptions have become re-characterized and slowly
King, D. B. & Ritterskamp, J. J. (1998). Purchasing Manager’s Desk Book of Purchasing Law.
Here in Canada, we are so lucky to have freedom to believe in what we choose, and to express ourselves the way we want. That is why I chose section 2 of the charter, Fundamental freedoms. In this section, we have 4 subsections which are freedom of conscience and religion. Freedom of thought, belief, and expression. Freedom of peaceful assembly and freedom of association. This part of the charter is one of the reasons why Canada is so multicultural and accepting of everyone. As well as us being okay with how diverse the world and its inhabitants are. Making our country and its people proud to live here. Canadians knowing that they are safe to speak their mind and protest peacefully. Has everyone who lives here, being themselves and expressing their own opinions and beliefs.
International trade is important and beneficial to business. However, international trade guides a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations.
20) With regard to consideration in a sales contract, the UCC differs from the common law in that
Sales and Sales Contract. Sales and sales contracts are governed by the Uniform Commercial Code (UCC), Section 2. The UCC was developed to unify the sale of merchandise in the United States in all territories. UCC does cover the sale of services unless the services are sold in conjunction with the sale of goods, and goods are the dominant percentage of the sale (Scarborough & Cornwall, 2015). A sales contracts is an agreement between a seller and buyer that includes current sales, and any sales at a time in the future (Uniform commercial code U.C.C. - article 2 - sales, 2015). A sale is considered the passing of a title from the seller to the buyer for an agreed upon price (Uniform commercial code U.C.C. - article 2 - sales, 2015). A present sale is accomplished by making a sales contract.
3.1. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the purchase price specified in this Agreement, the amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with tax exemption certificate acceptable to the applicable taxing authorities.
Certain business situations necessitate that customers take title to the goods purchased, agree to pay for them and yet not be in a position to accept delivery of the goods. In such cases, the sellers fulfill the manufacturing requirements and segregate the goods in their warehouses so as to make the goods available to the customers for shipment. Such transactions are labeled ‘bill and hold’ agreements (Grant Thornton, 2010).
Term may be implied by custom. Here it is suggested that a contract must always be examined in the light of its surrounding commercial context. So the parties automatically assume that sometimes their contract will be subject to the customs of a particular locality or trade and therefore do not deal specifically with the matter in their contract. One of