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Intention in CIF and FOB Contracts
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This 19 page paper considers the quote "Now it is true that all these rules both under section 18 and section 19 [of the Sale of Goods Act 1979] are prima facie rules and depend on intention. But the intention in this regard by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case" by Lord Wright in Ross T Smyth and Co Ltd v T D Bailey, Son and Co [1940] 3 All ER 60, and discusses this in the context of FOB and CIF contracts. The paper starts by reviewing the case and the Sale of Goods Act, then looks at interpretation and the way this has been changing. Finally CIF and FOB contracts are examined in general and then in this context. The bibliography cites 30 sources.
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Pages:
19
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Filename:TS14_TEintcif.rtf |
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Paper Title:
Intention in CIF and FOB Contracts
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