Sunday, November 3, 2019
Discussing the continuous relevance and validity of the different Assignment
Discussing the continuous relevance and validity of the different types of FOB contracts under English - Assignment Example In the first type of FOB contract, the buyer arranges for the ship and the seller boards the ship, securing a bill of lading. The second type consists of the seller getting the ship but the legality of the contract remains as in the first contract. In the last type, the seller puts the goods in the ship and gives the buyer a receipt through which he can get a bill of lading2. In the first and the second type of the FOB contracts, the seller is a party to the contract with the buyer becoming a party to the same on endorsement from the seller3. This article will discuss FOB in trying to establish the relevance and validity of FOB in the English common law. The essay will focus on FOB types as the main element of discussion. There will be vast utilization of definitions, sample cases and legal analyses. In English law, FOB contract is generally based on the first type of the contract. The seller is subject to the provision of putting the goods as agreed in the contract on to the ship, and at their expense. This is irrespective of whether the same was agreed on in the initial purchase. The law assumes that such an arrangement would have been done beforehand (Vondraceck, 2011). Basing on the discussed terms of FOB as above, there are responsibilities that belong to the buyers and the sellers, which can be used to explain the relevance of such contracts. A buyer, on paying for the goods, is obliged to nominate a vessel that will deliver the goods, bearing all the risks from the tie the goods are delivered to the ship. The seller is responsible for packaging of the goods as per the agreement and conditions. The seller is responsible for delivery and loading costs of the goods, obtaining a proof of delivery of the item and any other relatable information to the buyer. When such an arrangement is out in place, the buyer reserves his right to rejection of the said goods, if he or she feels that there was a certain breach in the agreed
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