Sales of Goods by Sea Essay Example | Topics and Well Written Essays - 750 words

Sales of Goods by Sea - Essay ExampleThe law that governs trains for the sale of goods intrench in The Sale of Goods Act 1979 plus 1994 amendments. merchant B is not supposed to pay Merchant B as supported by the argument below The marketer had the obligation of advising the buyer of the impend war between the two states once he became aw atomic number 18. On evaluation of the risks of the goods while on conveyance on the sea, there is a strong link risk allocation. As the seller is in strong-arm possession of goods prior to selling, he has the obligation of assuming the measures of preventing risks (Bernd 1). Before the goods left natural possession of the seller to the carrier, he had the responsibility of advising the buyer the probable outcome of the war such that the buyer could perplex been aware and accepts to assume the risk. The risk of the cargo is passed to the buyer once goods fall in been delivered.1 Therefore, the seller (Merchant A) having assumed first physic al possession of the goods and keeping in mind that the buyer (Merchant B) had not yet assumed any functional possession of the goods leaves the seller at the legal entity responsible for the cargo. Upon delivery of shipping documents, there is no prove of goods delivery, thus, Merchant B has not fulfilled his contractual duty to claim meeting his contractual violate (Bernd 1). Since the Merchant B had the custody of shipping documents, he is obligated to advice the buyer on any be risks that may render the goods faulty of not getting to the port of Calais on time (Bernd 1). The reason that goods have not arrived the port of destination does not imply non shipment, but rather, there may be eventualities that the goods have not arrived due to war between France and England. It is the obligation of the seller to ascertain the exact state of the goods whether sunk of cargo sought refuge at a port in Spain As per the contract of the slickness in question, the goods were to be del ivered from Dover to Calais. The seller has the obligation of shipping the goods that the answer to the contract (Stone and Carr 39). As verbalise in section 13 of the Sale of Goods Act 1979,2 that where the contract is for sale of goods by description, the goods ought to correspond to the description. match to Section 2, sub. 5 Under the contract, the transfer of goods from Merchant A to Merchant B was to take betoken in the future upon delivery at Calais to fulfill the contract to be regarded as an commensurateness of sale. The agreement becomes a sale upon meeting conditions subject to which goods are transferred. Whether the ship or goods on board are safe, is not the responsibility of the buyer but the seller. This clearly implies that the goods if happened to have encountered shipment risks of perils of the sea are presumable to be indemnified by relevant insurer (Simone 95). The seller being well aware of the conditions surrounding the shipment of the goods, has the obli gation of following up to ascertain the state of the shipment to ascertain the real situation to check into terms of contract are met.3 Incorporating the incoterms relating to the contract, a contract of insurance entered into, defines the compensation of goods on transits in episode of peril of the sea or any other risk that the cargo may be capable to.4 For a contract to be termed valid and legally binding it must meet several requirements. Since the contract between A and B had requirements that the goods had to be