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The Modern Day System Of International Commerce

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Introduction
The modern day system of international commerce has developed over roughly 200 years. Much until about the end of the eighteenth century it was most unlikely to transact export trade as it is today because of lack of technological infrastructure. The important legal framework which would have made for the use of the bill of lading as a document of transfer was lacking. Today much of the world’s tonnage is transacted under cif contracts which debuted about 150 years ago.
In international trade, the sales contract is the heart of an export-import transaction. It is however, always supported by several other related contracts, reflecting the complexity of the transaction and number of parties involved. Basic among these …show more content…

This is because most of the statements as to the passing of risk under fob are as regards whether goods are on board/loaded or not. They essentially do not deal with the constraint of damage or loss of goods during loading. In Pyrene Co. Ltd v Scindia Navigation Co. Ltd a fire tender sold fob London previously was damaged through the fault of the carrier while being carried onboard. This damage in question occurred prior to the tender crossing the rail and the question that arose was whether the shipowner was entitled to limit his liability as under the Hague Rules . If risk doesn’t pass at the beginning of the loading, when does it then pass? Is it when the goods move across the rail or when goods are loaded onboard? Devlin J pointed out in Pyrene thus; The division of loading into two parts are suited to more antiquated methods of loading than are now generally adopted and the ship’s rail has lost much of its nineteenth century significance. Only the most enthusiastic lawyer could watch with satisfaction the spectacle of liablities shifting uneasily as the cargo sways at the end of a derrick across a notional perpendicular projecting from the ship’s rail
He went further to hold that parties were free to define their obligations as regards ‘loading’; and that in the case before him the carrier’s had obligations which began

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