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Essay / Research Paper Abstract
This 18 page paper applies English law to two case studies concerning contract law. The first looks at a situation where goods are shipped and arrive in poor condition, with a potential breach of contract with the date of shipping and the method of shipping. The paper considers aspects of contract law including they type of contract; CIF, and obligations under contract including express and implied terms and the relevance of the Sale of Goods Act. The second case concerns a contract made in advance to buy olives where flooding diminishing the supply and the sellers claim they cannot sell the goods for the agreed price and may try to claim frustration. The paper make extensive references to case law. The bibliography cites 20 sources.
Page Count:
29 pages (~225 words per page)
File: TS14_TEgoodsfrust.rtf
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Unformatted sample text from the term paper:
the goods. The issue of jurisdiction does not arise as this case is being delt with under English law. First we nned to look at when the risk passes under
the contract, then at whether there was a breach of terms and finally at the use of the Sale of Goods Act. Only after these have bveen discussed can the
potential outcome of action and remedies be discussed. Examining the Contract To answer this question we first need to look at the
use and obligations that are in place under CIF contracts. We are told this is a CIF contract, however it was shown in the case of The Albazero [1977] A.C.
774 Roskill LJ noted that in reality there are very few contracts which will be purely C.I.F, or F.O.B1, as there are usually some variation (Anonymous, 2002). However, where the
contract specifies that there are C.I.F terms, as is the case where it would be wrong of the law to disregard that statement as it forms part of the contractual
terms (Anonymous, 2002, Goode, 2000). When looking at this case we will need to consider the case with reference to the Carriage of Goods by Sea Act 1992, this repealed
the former Bills of Lading Act 1855 and was seen to bring English law onto the same level as international law and international jurisdictions when dealing with disputes (White and
Bradgate, 1993). In general terms there are two main contracts, FOB2 and CIF3. In both of these types of contract the
risk is borne by the buyer, this is true even if the contract is made after the shipment is sent and on board the freighter (White and Bradgate, 1993). Therefore,
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