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Essay / Research Paper Abstract
This 5 page paper considers the position of Mega-Corp. The firm, based in New York, has purchased computers from a UK company under a F.O.B contract for delivery to New York; the goods are damaged in transit and arrive late. The legal issues are considered in the context of English law. The bibliography cites 5 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEmegacorp.rtf
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Unformatted sample text from the term paper:
the way to the port splitting the packaging, then at the port water is spayed over the goods, one computer is damaged beyond repair and four others are damaged aesthetically.
The second issue is the delivery time, the contract was for delivery in March, but there are delays, the ship is delayed and the goods are not unloaded until 1st
April, the licence for the goods being imported was only obtained after the goods were unloaded in New York. The first issue
to consider is that of the damage to the goods. The goods have been bought by Mega-Corp on a FOB contract. 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.B, as there are usually some form of variation (Anonymous, 2002).
However, where the contract specifies that there are C.I.F terms or F.O.B terms it would be wrong of the law to disregard that statement (Anonymous, 2002). The relevant current act
is The Carriage of Goods by Sea Act 1992, this repealed the former Bills of Lading Act 1855 and was seen to bring English law onto the same level as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 (White and Bradgate, 1993). In general terms there are two main contract, fob and cif. In
both of these types of contract the risk is bourn 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). Strict FOB is the narrowest version of FOB where the buyer acts as the shipper and procures the placement in the vessel and the
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