International Trade Law Case Study

International Trade Law Case Study

Introduction

International trade transaction is essential for the sale of goods

with the addition of an international element. In practice, the seller

and buyer are in different countries where the goods must travel from

the seller’s country to the buyer’s country by various means of

transports. In international sale of goods, they usually transit the

goods by sea because of the international transactions. Therefore,

contracts for the carriage of those goods must be procured between the

seller or buyer and common carrier depending on different types of

sale of contracts. Moreover, in most of incidences, the agreed goods

are usually insured at a reasonable amount in case of being loss or

damaged during the transit. The goods must also be paid for by various

methods of payment to facilitate international trade.

This essay aims to analyse the possible claims from our advising buyer

G arising from other parties to the contracts involved in this

transaction. The essay will also analyse the legal relationships of

all parties created that their respective rights and duties may have

in the transaction. In doing so, it will discuss sale of contracts on

c.i.f. terms firstly, where it involves two other contracts

respectively. Then, I will mainly analyse the duties of the shipper in

the contract of carriage. Next, the most discussion will be referred

to the contract of marine insurance on the relationship between the

assured and insured, as well as the insurance cover. Finally, I will

analyse letters of credit as a method of pay...

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... Ltd (1936) 55 Ll. L. Rep 391

[44] The rules were revised in 1993 and came into force on 1 January

1994.The edition currently in force is the UCP 500.

[45] The UCP 500 Article 1: “ The Uniform Customs and Practice for

Documentary Credit, 1993 Revision ,ICC Pulicaiton No 500, shall apply

to all Documentary Credits…….where they are incorporated into the text

of the Credit.”

[46] Judith Evans Law of International Trade(3rd edition) by Old

Bailey Press

[47] Article 1 and 2

[48] Article 3

[49] Gian Singh & Co Ltd v Banque de l’Indochine[1974] 1 WLR 1234

[50] JH Rayner & Co. Ltd v Hambro’s Bank Ltd[1943] KB 37

[51] Equitable Trust Company of New York v Dawson Partners Ltd(1927)

27 Ll. L. Rep 49 by Viscount Sumner

[52] United City Merchants (Investments) v Royal Bank of Canada [1983]

1 AC 168