Here is the synopsis of our sample research paper on Intention in CIF and FOB Contracts. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 19 page paper considers the quote "Now it is true that all these rules both under section 18 and section 19 [of the Sale of Goods Act 1979] are prima facie rules and depend on intention. But the intention in this regard by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case" by Lord Wright in Ross T Smyth and Co Ltd v T D Bailey, Son and Co [1940] 3 All ER 60, and discusses this in the context of FOB and CIF contracts. The paper starts by reviewing the case and the Sale of Goods Act, then looks at interpretation and the way this has been changing. Finally CIF and FOB contracts are examined in general and then in this context. The bibliography cites 30 sources.
Page Count:
19 pages (~225 words per page)
File: TS14_TEintcif.rtf
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Unformatted sample text from the term paper:
intention. But the intention in this regard by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having
regard to the terms of the contract, the conduct of the parties, and the circumstances of the case." Lord Wright in Ross T Smyth and Co Ltd v T D
Bailey, Son and Co [1940] 3 All ER 60 A contract for sale may be very complex, especially where the contracts are shipping contract such as CIF or FOB
contracts. The comments made by Lord Wright in the case above indicate the complex nature of any contract, but this also gives some indication of areas of concern, especially the
establishing of intention, for both the buyers and the sellers of any contract. There are many cases which indicate the importance of
intent in the context of contract law. The recent case of 21st Century Logistic Solutions Ltd v Madysen Ltd [2004] EWHC 231 illustrates the importance of context and intention (Hungerford-Welch,
2004). However, in this case there were concerns over illegalities and whether a contract is enforceable, in the former case, from which the quote is taken there is concern over
the context and intention of the clauses of a contract and when these had been satisfied. There are also many other cases that give an indication that the intent of
the parties is of great importance when examining a contract, cases such as Jones v Padavattan [1969] 1 WLR 328 and Edwards v Skyways [1964] 1 WLR 349 also illustrate
this. All of these, just as with Ross T Smyth and Co Ltd v T D Bailey, Son and Co [1940] was a matter if intention and interpretation the intention.
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