CIF stands for Cost, Insurance and freight. In this type of contracts freight and insurance cost is included in the price. The initials, C.I.F indicate that the price is to include cost, insurance and freight . The seller of the goods is bound to perform six things. First, to make out an invoice of the goods sold. Secondly, to ship at the port of shipment goods of the contract description. Third, to procure a contract of affreightment under which the goods will be delivered at thedestination contemplated by the contract. Fourth, to arrange for an insurance upon the terms current in the trade which will be available for the benefit of the buyer. Fifthly, with all reasonable despatch to send forward and tender to the buyer three ‘shipping documents', namely, the invoice, bill of lading and policy of insurance, delivery of which to the buyer is symbolical of delivery of the goods purchased. The seller pays all the charges till the loading of the goods in the vessel and insurance as per the terms. The seller then sends the documents to the buyer of the good. The risk …show more content…
Bradgate argues that "however, whilst this description offers a clear indication of the importance of the documents it is misleading: the contract is still for the sale of the goods, to which the Sale of Goods Act applies ". This is not entirely accurate as we will see later as certain elements of the Sales of Goods Act, relating to the passing of risk does not relate to CIF contracts, this it is submitted is important in the distinction of CIF contracts as sales of documents. This is further emphasised by the very fact that the buyer does not have rights in relation to the goods themselves, and as Bankes and Warrington LJ in the Court of rightly concluded in the same case the contract might more properly be called "a contract for the sale of goods to be performed by the delivery of
First, when a creditor (ICE) extends credit to a debtor (Top Quality) and takes a security interest in some property of the debtor, Top Qualities inventory in this case, it is called a secured transaction. The inventory is then considered collateral for the financing that ICE provided for Top Quality, which was made clear in the financing statement that ICE filed. Any secured transactions where personal property is used as collateral is governed by Article 9 of the Uniform Commercial Code. The UCC was revised in 2001 to better adhere to modern times, and since this case took place from 2007 to 2009, we will be applying the revised edition. There are many sections of Article 9 that should be considered when examining this case. First, the filing of a financing statement, form UCC-1 in Article 9, should be confirmed as filed with the appropriate state office. Once this has been done, confirming the attachment of Top Quality’s inventory to ICE, we can then look to confirm that the initial sale to Chrisman was paid in full to Top Quality, which it was. If this were not the case, ICE would be entitled to the remaining sale proceeds. Now we move on to the requirements of a buyer in the ordinary course of business, per Article 9 of the UCC. According the textbook, “A buyer in the ordinary course of business who purchases goods from a merchant takes the goods free of any perfected or unperfected security interest in the merchant’s inventory, even if the buyer knows of the existence of the security interest” (Cheeseman). The textbook then continues to explain that this rule is necessary because buyers would be reluctant to purchase goods if the merchant creditors could recover the goods if the merchant defaulted on the loans owed to secured creditors. These statements come from the Revised Article 9, section 320(a). This is based on the idea that the buyer purchases in good faith, meaning that they are
Citicorp Case Analysis 1. What is the difference between a. and a What is the difference between primary and secondary capital? What is relevant to this case? Primary capital consists of common stock, perpetual preferred stock, surplus, undivided profits, mandatory convertible instruments (debt that must be convertible into stock or repaid with proceeds from the sale of equity), reserves from loan losses, and other capital reserves. These items are treated as permanent forms of capital because they are not subject to redemption or retirement.
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
· There is the possibility of the supplier integrating forwards in order to obtain higher prices and margins. This threat is especially high when
S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
BASF is one of the world's largest chemical companies. It was established in 1865 with the main product was coal tar based dyestuff. It has six main categories of products, which are oil and gas, chemicals, agricultural products, plastics and fibers, dyestuff and finishing products, and consumer products. The structure of the company is presented by three-dimensional matrix consisting of operating, regional and functional divisions. Since 1960, the company began to expand its operation at a global level through acquisition. In Southeast Asia, the company has over 30 companies in 16 countries through the region of which 12 have the production facility. Headquarter for the region is located in Singapore.
The goods must also be paid for by various methods of payment to facilitate international trade. This essay aims to analyse the possible claims from our advising buyer G arising from other parties to the contracts involved in this transaction. The essay will also analyse the legal relationships of all parties created that their respective rights and duties may have in the transaction. In doing so, it will discuss sale of contracts on c.i.f.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
'subject to this Act, when goods are sold by a person who is not their
The freight rate is the price of the carrier that pays by the charterer or ship owner. Freight rate is compulsory and it is measures by the value of goods, point of destination and the travel distance due to land, air or ocean. Freight rate also include with the custom clearance process. It is demanded by the fluctuation of supply and demand, the bargaining power of shipper, the competitors with other logistic company and the availability or alternative of transport modes (lorry, train and ship) (The Challenges Facing The Maritime Transport Industry,
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.
The charterer pays the vessel owner on a per-ton or lump-sum basis. This is different as compared to time charter or bareboat charter which is based on daily hire and usually paid in advanced before using the ship and independent on the number of voyages made. One of the peculiarities of a CVC is that the freight rate varies for every voyage that is being made according to the market at that period of time and the charterer will only make payment to the owner once a particular voyage is completed and after cargo is discharged. Therefore, if vessel does not arrive in port of cargo or is lost in transit, freight will not be paid.