Chapter 20 Further Reading

Chapter 20 Further Reading

International trade terms
LCB Gower , ‘ FOB Contracts ’ (1956) 19 MLR 417. An insightful case note on A V Pound & Co Ltd v MW Hardy & Co Inc and the obligations of Fob seller to obtain export licences. Daniel Murray , ‘ Risk at Loss of Goods in Transit; A Comparison of the 1990 Incoterms with Terms from Other Voices ’ (1991) 23 University of Miami Inter American Law Review 93. Although referring to a previous edition of Incoterms, this is a good source of comparative material—especially American. Pages 101 to 121 deal with the three terms we covered in this chapter, and these Incoterms have not changed radically since 1990 in relation to the passing of risk. Ademuni Odeke , ‘ The Nature of C.i.f. Contracts: Is it a Sale of Documents or Sale of Goods? ’ [1992] Journal of Contract Law. A really good source of ideas on this issue, engaging with the issues which would arise were documentary sales to be regarded as sales of documents. Barney Reynolds , ‘ Stowing, Trimming and their Effects on Delivery, Risk and Property in Sales ‘f.o.b.s.’, ‘f.o.b.t.’ and f.o.b.s.t .’. [1994] LMCLQ 119. Of delivery and the passing of risk and property in ‘normal’ Fob contracts, as well as those imposing a duty on the seller to pay for stowing and trimming. David Sassoon , ‘ The Origin of Fob and Cif Terms and the Factors Influencing their Choice ’ [1967] JBL 32. A classic article from a real expert in the field. As well as being of fascinating historical interest, it explains how the modern legal understanding of these two terms arose against commercial imperatives which were changing the way international trade was being done. Gunther Treitel , ‘ Rights of Rejection under Cif Sales ’ [1984] LMCLQ 565 and ‘Damages for Breach of a Cif Contract’ [1988] LMCLQ 457. This pair of case notes provide an insightful review of Gill & Duffus SA v Berger & Co Inc in relation to rights of rejection and Procter & Gamble Phillipine Manufacturing Corp v Becher in relation to the claim for damages for tender of mis-dated bills of lading.
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