Case of Cif Law
Commercial and International trade law
1. Introduction
Carter plc. agreed to carry Scrutton plc.’s goods on board Carter’s ship from Portsmouth to Santander in Spain. And then sold it to Todd, but in the voyage, there are accidents, the goods were lost and damaged. The problems arose in this case involve international maritime transport and sales of goods, while Carter.plc,(the carrier) Scrtton.plc(the shipper) and Todd(the buyer) are companies in British or Spain, and each country is the member of International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (HAGUE RULES: HR), Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of lading (VISBY RULES: VR) and United Nations Convention on Contracts of International Sales of Goods(CISG), since they didn’t make any decision on the laws or rules that should be applied in case of disputes, according to the international rules and practices, the Hague-Visby Rules and CISG should be applied to resolve the problems in this case. Besides, there was CIF term in this case, therefore, International Rules for the Interpretation of Trade Terms 2010(Inco terms 2010) shall also be applied. In summary, we should make comprehensive use of Hague-Visby Rules, the Inco Terms 2010 and the related international rules and practices to solve the problems that Todd met.
2. Case analysis
In this part, three questions will be answered which include whether Todd must accept the documents and pay, what Todd’s rights against the carrier and whether Todd may have a claim against anyone else? But before these questions, the duties of the parties’ should be cleared:
By the study of the Handbook, Scrutton plc. as the seller, has some duties:
1. Give a shipped transferable clean Bill of Lading to Todd. Todd will get this from the carrier once the goods have been shipped on board the ship. 2. Obtaining a contract of Marine
1. Introduction
Carter plc. agreed to carry Scrutton plc.’s goods on board Carter’s ship from Portsmouth to Santander in Spain. And then sold it to Todd, but in the voyage, there are accidents, the goods were lost and damaged. The problems arose in this case involve international maritime transport and sales of goods, while Carter.plc,(the carrier) Scrtton.plc(the shipper) and Todd(the buyer) are companies in British or Spain, and each country is the member of International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (HAGUE RULES: HR), Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of lading (VISBY RULES: VR) and United Nations Convention on Contracts of International Sales of Goods(CISG), since they didn’t make any decision on the laws or rules that should be applied in case of disputes, according to the international rules and practices, the Hague-Visby Rules and CISG should be applied to resolve the problems in this case. Besides, there was CIF term in this case, therefore, International Rules for the Interpretation of Trade Terms 2010(Inco terms 2010) shall also be applied. In summary, we should make comprehensive use of Hague-Visby Rules, the Inco Terms 2010 and the related international rules and practices to solve the problems that Todd met.
2. Case analysis
In this part, three questions will be answered which include whether Todd must accept the documents and pay, what Todd’s rights against the carrier and whether Todd may have a claim against anyone else? But before these questions, the duties of the parties’ should be cleared:
By the study of the Handbook, Scrutton plc. as the seller, has some duties:
1. Give a shipped transferable clean Bill of Lading to Todd. Todd will get this from the carrier once the goods have been shipped on board the ship. 2. Obtaining a contract of Marine
Bibliography: Atzori L. Ginsto D.,& Pereira F.(2005).Visual Contant Processing and Representatio.(9th ed.). Denmark: Springer. Claire B. and Joanne A. (2011). Law of international trade. UK: University of Portsmouth. Lijphart A.(2005).International Tables for Crystallographic data. Denmark: Springer. Schaffer R. Agusti F. & Earle B.(2009).International Business Law and ITS Environment. Canada: Nelson Education, Ltd University of Portsmouth [ 2 ]. ‘Buyer’s duties’, Claire B. & Joanne A. (eds), Handbook of Law of international trade(2011), p56-p59 [ 3 ] [ 6 ]. Marine Cargo Insurance, Claire B. & Joanne A. (eds), Handbook of Law of international trade(2011) p94