CIF学术讨论,英文的Saul bought a large quantity of sugar 'Cif Cape Town South Africa’ from Tamar.Tamar was delighted with the sale because a sale she had previously agreed with someone else had just been cancelled for no reason and the goods

CIF学术讨论,英文的Saul bought a large quantity of sugar 'Cif Cape Town South Africa’ from Tamar.Tamar was delighted with the sale because a sale she had previously agreed with someone else had just been cancelled for no reason and the goods
CIF学术讨论,英文的
Saul bought a large quantity of sugar 'Cif Cape Town South Africa’ from Tamar.Tamar was delighted with the sale because a sale she had previously agreed with someone else had just been cancelled for no reason and the goods were already on their way to Cape Town.The bills of lading showed Tamar as shipper and were ‘order bills’.While the goods were still in the ship on their way to Cape Town Saul agreed,to sell the goods Cif to Bathsheba,‘cash against documents’ in Cape Town.A few days later Bathsheba was talking to Absalom who was an agent for the carrier in Cape Town about delivery times.She mentioned that she had previously bought goods from Tamar and would never buy goods again which had any connection with her.Absalom was worried because he thought that there might be a dispute when Bathsheba discovered that Tamar had been the shipper and that this might delay unloading in Cape Town.He contacted Saul and suggested Saul should send the three bills of lading to the carrier’s office in Cape Town and that he (Absalom) would take them round to Bathsheba and arrange for payment to be made to Saul’s bank in London.Saul gratefully agreed.Absalom quickly printed off three new bills of lading which named Saul as the shipper.Absalom arranged to meet Bathsheba two days after the goods had been unloaded.At the meeting Absalom offered one bill of lading to Bathsheba and asked for payment.
Question 1 (40% of the marks available for this assignment) Can Bathsheba reject the bill of lading and refuse to pay?At this point you should ignore any rights she may have because the bill of lading incorrectly names Saul as the shipper.
Question 2 (60% of the marks for this assignment) Bathsheba decided to accept the bill of lading and paid the purchase price which Absalom credits to Saul’s bank.Bathsheba then discovered that Tamar had been the shipper.At the meeting with Absalom Bathsheba had not noticed when she had examined the bill of lading that although the bill named Saul as the shipper it also stated ‘’Goods received from Tamar and shipped on board in apparent good order and condition…"
What claims does Bathsheba have and what are her remedies?

CIF学术讨论,英文的Saul bought a large quantity of sugar 'Cif Cape Town South Africa’ from Tamar.Tamar was delighted with the sale because a sale she had previously agreed with someone else had just been cancelled for no reason and the goods
(40分题) She (Bathsheba) cannot reject the B/L and refuse to pay,as far as the mistake that the bill of lading incorrectly names Saul as the shipper is ignored,as she had agreed to buy the goods from Saul,and her agreement is made before mentioning to Absalom her intention not to buy goods again which had any connection with Tamar.
(60分题) As stated in 1.Above,there is no fault of Saul to sell the goods to Bathsheba before he accepted Absalom’s suggestion to reprint the B/Ls.But the deed of Saul & Absalom in reprinting the B/Ls did constitute a commercial fraud which shall be panelized as per relevant rules and regulations as in force in South Africa or other rules internationally accepted.In the case Bathsheba agrees not to sue S & A,she might get some sort of discount or other offers from S & A as remedies.
【个人观点,仅供参考】

扫罗从他玛买了大量的糖 ' Cif 开普敦南非 '。他玛欣喜出售因为没有理由只是被取消了她以前已经商定与他人出售和货物都已经在前往开普敦的途中。提单表明作为托运人他玛，'订单法案'。虽然货物仍在船上他们对开普敦扫的方式同意，将货物到岸价格卖给芭，'现金对文件'，在开普敦。几天以后芭谈话是关于交货时间在开普敦承运人的代理人的沙龙。她提到她以前买了货物从他玛，永远不会买货物再次，曾与她有任何联系。押沙...

全部展开

扫罗从他玛买了大量的糖 ' Cif 开普敦南非 '。他玛欣喜出售因为没有理由只是被取消了她以前已经商定与他人出售和货物都已经在前往开普敦的途中。提单表明作为托运人他玛，'订单法案'。虽然货物仍在船上他们对开普敦扫的方式同意，将货物到岸价格卖给芭，'现金对文件'，在开普敦。几天以后芭谈话是关于交货时间在开普敦承运人的代理人的沙龙。她提到她以前买了货物从他玛，永远不会买货物再次，曾与她有任何联系。押沙龙感到担忧，因为他认为可能有争议时，芭发现他玛了托运人和，这可能会延迟在开普敦卸载。他联系了扫罗和建议扫罗应发送三个提单向承运人的办事处在开普敦和他 (沙龙) 会把舍入到芭和安排付款，须向扫罗的银行在伦敦。扫罗感激地同意。押沙龙快速打印关闭三个新提单，名叫扫罗作为托运人。押沙龙安排以满足芭两天后该货物已卸载。在沙龙会议向芭提供一个提单，并要求付款。
质疑 1 （40%的可用此工作分配的标记） 可以芭拒绝提单和拒绝支付吗？
此时，您应该忽略她可能因为提单不正确名称扫罗作为托运人的任何权利。
问题 2 （此工作分配标记的 60%） 芭决定接受提单并至扫罗的银行支付的购买价格哪个押沙龙学分。芭然后发现他玛已托运人。在与押沙龙芭的会议根本没有注意到当她审查了提单虽然条例草案命名作为托运人扫它还指出货物从添马舰收到和发运明显良好的秩序和条件......"什么索赔芭没有和她的补救措施有哪些？

收起