Chapter 3 fob contracts 31 the essence of fob contracts (1) unlike cif contracts where definitions abound, there are no definitions concerning fob contract (2) the lack of definitions could be attributed to its ‘flexibility’ but the gist of an fob contract can be gathered from some cases • in the pyrene casehowever a strict. Mwesigwa uganda case study june 09 contract p2 derry v peek statuts of the ratification process of the protocol establishing the african court this term would2 international trade delivery obligations under cif contracts had complied with the requirement that the vessel should arrive at the load port ready to load within the laycan. Comparative study of various international commercial terms (incoterms) used in the sale - purchase contracts fahad mahmud mirza abstract – incoterms (international commercial terms) are became a consistent stamp and a constant risk in international the trade terms, published by the international chamber of trading and shipping. Case studies are a great way to get people to interact with one another and generate energy and interest during training a general question/response dialog in which you review the case as a group and participants volunteer answers to questions prompted by the instructor is one.
Ex-works, free on board, cost insurance freight, and delivery duty paid are the most frequently used incoterms incoterms are recognized globally by courts and other authorities frequently, parties to a contract are unaware of the different trading practices in their respective countries. Background: kumar, a company in miami, had a cif contract with nava, a company in venezuela, to purchase 700 television sets (the goods) this amount of goods was loaded on a trailer in miami and delivered to maduro in florida, its freight forwarder. 3) reasoning: as cif contract, seller’s obligation ends at loading of julia and the forwarding of the documentsdocuments of title are bill of lading, not delivery order if document was received by buyer, buyer entitled to lesser sale price. Biddell brothers v e clemens horst co case facts: seller clemens horst (san francisco) enters to a cif contract with biddell brothers (london) to ship hops to uk sellers wrote to buyer that they expect a payment upon presenting of the bill of landing buyers insisted to inspect a sample for quality buyer refused to accept the certification.
One of the readers, mahesh asked below question about compensation of damage claim in a cif shipment please advise as to who will get the claim amount in case of cif shipment where the cargo was damaged in transit. Buyers duty under cif contracts law commercial essay according to case smyth and co ltd v baily son and co ltd,  cif contracts summarised by lord wright is a type of contracts which is more frequent and the most popular in use than other contract in cif contracts the price of goods inclusive of cost, insurance and freight. Case study contract management: bouwfonds investments “i saw that the business was impressed by the system the communication infrastructure fund (cif) replaces a mediocre data system and manual control mechanisms with a smart contract management solution. According to english law, the case of pyrene v scindia defines a classic fob contract which has occurred in this case study between patina and luca as the seller (patina) draws up the contract with luca who then nominates a vessel.
Fob (free on board) and cif (cost, insurance and freight) contracts are related to international exports these terms promotes uniformity and certainty in international commercial agreements fob is a far more flexible contract than of cif under the british law, in fob the buyer has the freedom of. Cif and fob contract cases study play seller in a cif contract must ensure that the goods are of satisfactory quality and capable of withstanding the rigours of the journey tskariglou v noblee thorl canadian case that disagreed with pyrene v scindia cumming v hasell. Under cif and c & f contracts, goods may be appropriated to the contract after shipment, but in the case of an fob contract such appropriation must be made by (or before) shipment this is the natural meaning of the obligation to deliver fob.
Sellers duty under cif contracts law commercial essay according to case smyth and co ltd v baily son and co ltd,  cif contracts summarised by lord wright is a type of contracts which is more frequent and the most popular in use than other contract in cif contracts the price of goods inclusive of cost, insurance and freight. Case studies on how unfair contract terms law was applied in victoria from october 2003 to july 2010. Assignment help » contract law case study most updated help for solving contract law case study contract law is a part of business lawwhenever two parties enter or intend to enter into a contract, they are bound by the legalities involved in it.
Business law case studies with solution 1 [law case studies] november 10, 2013 case studies of business law yatin ppatil fymba core d roll no: 013122 dypatil department of business management case study : 1 the agreement can be call it as contract if there is a consideration present in contract between 2 people in this case b. Fob and cif contract uploaded by the task of defining fob contract has been a very slow and tough process, because of its flexible nature in the case of manbre v corn product the court held that packaging was a part of description of goods therefore , it is important that both the packaging and time of shipments are in conformity. The seller must contract on usual terms at its own expense for the carriage of the goods to the named port of destination by the usual route in a seagoing vessel (or inland waterway vessel as the case may be) of the type normally used for the transport of goods of the contract description.
The case arose because the state of ohio was providing substantial funds for school districts to completely refurbish their campuses based on an “assessing” architect’s determination of need the assessing architect was assigned under contract with the ohio school facilities commission. Outperforming contracts: an oklahoma city thunder case study (part 1) august 19, 2018 august 19, 2018 thebaselinejam the oklahoma city thunder’s front office is annually appraised as one of the better front offices in the nba. Because the accounting treatment under asc 606 is potentially different from that of asc 605, this case study will follow a typical software license sale through each of the five steps of the revenue recognition process, from first identifying the contract through to revenue recognition. Severance pay in fixed term employment contracts – case study on 05 may 2017 an employee whose fixed-term employment contract is terminated by the employer may be entitled to severance pay depending on the conditions, according to supreme court ruling.