• Research Paper on:
    The Late Shipping of Substandard Goods: A case Study

    Number of Pages: 9

     

    Summary of the research paper:

    This 9 page paper examines a case where a company based in Jedda had contracted to sell dates to a London compnay. The agreement has been written as a CIF contract referencing INCOTERMs wit the agreement that the dates will be shipped in September, but are not shipped until October 2nd, in addition the bill of lading is dated as Friday 30th of September, when it is known that the ports in Jedda do not operate on Fridays. In addition to this the goods that have been received do not match the standard of the sample that was given. The contract also agrees to abide by UCP 500 and that it is agreed jurisdiction will be London. This paper considers the remedies available to the buyers with reference to statutes and case law. The bibliography cites 11 sources.

    Name of Research Paper File: TS14_TEdatesship.rtf

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    Unformatted Sample Text from the Research Paper:
    The agreement has been written as a CIF contract referencing INCOTERMs wit the agreement that the dates will be shipped in September, but are not shipped until October 2nd, in  addition the bill of lading is dated as Friday 30th of September, when it is known that the ports in Jedda do not operate on Fridays. In addition to this  the goods that have been received do not match the standard of the sample that was given. The contract also agrees to abide by UCP 500 and that it is  agreed jurisdiction will be London. In looking at the remedies that are available to the buyers we need to look at several issues concerning the contract, the first is  the issue of the CIF (cost insurance and freight) contract and the date of shipping to assess if there ahs been a breach of contract, then we also need to  consider the status of the bill of lading and the discrepancy between the sample and the good received. We also need to consider if the jurisdiction of London is binding.  The initial consideration of the date of shipping might appear to be one where the shipping took place at the right time, with arrival at the port before the  end of September and the bill of lading supporting this. however, it is not actually loaded until the 2nd of November. If we look at the development of CIF then  we can trace the way the terms have evolved that cover this issue. In the cases of Tregelles v. Sewell (1862) 7 H. & N. 574, 158 E.R. 600 these  is a cif contract, this case established that the seller did not only need to actually deliver the cargo to the ship, but also ensure that the cargo was on 

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