In international shipping there are many forms of contracts that have been developed. ... The most commonly known and used are F.O.B and C.I.F contracts. ... These are seen as the basis on which many contracts are written, and in terms of their meaning there are some very diverse variation as well as some close similarities. If we consider C.I.F contract we can then compare F.O.B. ... C. 774 Roskill noted that in reality there are very few contracts which will be purely C.I.F, or F.O.B, as there is usually some form of variation. Moreover, where the contract specifies that there are C.I.F terms, or F.O.B terms it would be wrong of the law to disregard that statement.
When we consider international trade and the role of shipping goods this can be seen as a vital area of commerce, and therefore needs to be regulated by law in order to ensure its smooth operation. ... This act was repealed by The Carriage of Goods by Sea Act 1992 and was seen to bring English law onto the same level as international law and international jurisdictions (White and Bradgate, 1993).
In general terms there are two main contracts, fob and CIF. ... Under both of these contracts, the buyer is not a party to the carriage contract, and as such has not had an entitlement to take action against the carriage company where there is damage caused to the cargo, or the cargo is lost (White and Bradgate, 1993). ... As a result there was a change, however, the role of the modern CIF and fob contracts remains important, but as we see they have a common basis. ... It was also this case that was abler to make the distinction between CIF and ex-ship contracts. ... The price that the goods are sold at included the price of the freight. Therefore, if there was a fluctuation in the carriage rates, this would be the liability of the seller; this can be seen as different to fob contracts as seen with the case of The Parchim [1918] A.C. ... A CIF contract can provide of net cash, and it was argued by a seller that this should be interpreted as net against the documents, the buyer was making the case that they should not have to pay for the goods before they arrive and he had a chance to inspect them to ensure they were as described and in line with the terms of the contract.
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