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Essay / Research Paper Abstract
This 19 page paper looks at an international shipping case study examined using English law. The paper is divided into four parts. The first part looks at the failure of the buyer to provide a confirmed letter of credit as required by the terms of the contract and the nomination of an unsuitable vessel. The second part to the paper considers problem on shipping when the carrier has to stop to help a ferry and uses the goods as part of the rescue, then more goods are damaged on arrival at the port due to a stevedores strike. The third part of the paper looks at the duties of the carrier. The last part discusses who the insurance company may have to indemnify. The bibliography cites 10 sources.
Page Count:
19 pages (~225 words per page)
File: TS14_TEscotcase.rtf
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Unformatted sample text from the term paper:
Canada. There is a contract in place which is to be governed by English Law. The contract states that the buyer will nominate a suitable vessel of the shipment and
that the seller will obtain the bill of lading which will be tendered with a confirmed letter of credit and the invoice to Universal Bank, subject to UCP 500.
The first problem is that McGregor nominate Tincan, this vessel is expected to start loading on the 10th of February, however, the vessel is full and Scotswear are unable to
book carriage on the vessel. They notify McGregor on the 9th of February that the vessel is not available, however Scotswear find an alternative vessel, Saviour which is to leave
on the 1st of March. The duties and responsibilities of the buyer and the seller regarding the contract for shipment rests in the terms of the contract. There are
several different formats, two of the most common being CIF and FOB. These are short for free on board (fob) or cast, insurance and freight (cif) (White and Bradgate, 1993).
It is interesting to note that 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.B, as there are usually some form of variation and as such it is the actual terms of the contract that are the most important element. IN this
case we are not given the contract type, merely that it was up to the buyer to nominate a suitable vessel. The vessel nominated for full and as such
was not a suitable vessel and with the finding of an alternative vessel there does not appear to be any breach as there are no terms specifying that the Tincan
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