Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean
X is a small producer of plastic products from China. Searching on internet for suppliers of plastic raw materials X found Y, a supplier based in the United States, offering these materials at a very favourable price. X and Y entered into sale contract under Cost, Insurance, and Freight (CIF) ter...
| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Hrvatska Akademija Znanosti i Umjetnosti
2016-07-01
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| Series: | Poredbeno Pomorsko Pravo |
| Subjects: | |
| Online Access: | https://hrcak.srce.hr/file/246239 |
| _version_ | 1828470328857198592 |
|---|---|
| author | Časlav Pejović |
| author_facet | Časlav Pejović |
| author_sort | Časlav Pejović |
| collection | DOAJ |
| description | X is a small producer of plastic products from China. Searching on internet for suppliers
of plastic raw materials X found Y, a supplier based in the United States, offering
these materials at a very favourable price. X and Y entered into sale contract
under Cost, Insurance, and Freight (CIF) terms. Following CIF terms, payment
was to be made by lett er of credit. Y shipped the goods in a container and delivered
for carriage within the agreed time. Carrier then inserted a ‘’said to contain’’ clause
into the bill of lading, and the bank accepted such document. When X opened container
it discovered that the goods were in such bad condition that they could not
be used in the manufacturing process. X contacted Y, by email, and demanded delivery
of substitute goods, which would conform to the contract. Y refused, claiming
that the goods were delivered for carriage in good condition. Y could not be reached
by telephone, and its address stated on its website was wrong. X had no redress
against the Carrier, because the Carrier validly excluded its liability with a ‘’said to
contain’’ clause. The Bank was also not liable, because this clause was acceptable
under the lett er of credit rules. X contacted a lawyer in the United States, and after
receiving an estimate of att orney expenses, which would not be recoverable under
the U.S. law, X decided to give up the case and bear the loss. |
| first_indexed | 2024-12-11T04:51:15Z |
| format | Article |
| id | doaj.art-8becf51bb0fd4c508c8e121b523a261b |
| institution | Directory Open Access Journal |
| issn | 1331-9914 1848-8927 |
| language | English |
| last_indexed | 2024-12-11T04:51:15Z |
| publishDate | 2016-07-01 |
| publisher | Hrvatska Akademija Znanosti i Umjetnosti |
| record_format | Article |
| series | Poredbeno Pomorsko Pravo |
| spelling | doaj.art-8becf51bb0fd4c508c8e121b523a261b2022-12-22T01:20:22ZengHrvatska Akademija Znanosti i UmjetnostiPoredbeno Pomorsko Pravo1331-99141848-89272016-07-0155170930Clean bill of lading in contract of carriage and documentary credit : When clean may not be cleanČaslav Pejović0Faculty of Law, Kyoto University, JapanX is a small producer of plastic products from China. Searching on internet for suppliers of plastic raw materials X found Y, a supplier based in the United States, offering these materials at a very favourable price. X and Y entered into sale contract under Cost, Insurance, and Freight (CIF) terms. Following CIF terms, payment was to be made by lett er of credit. Y shipped the goods in a container and delivered for carriage within the agreed time. Carrier then inserted a ‘’said to contain’’ clause into the bill of lading, and the bank accepted such document. When X opened container it discovered that the goods were in such bad condition that they could not be used in the manufacturing process. X contacted Y, by email, and demanded delivery of substitute goods, which would conform to the contract. Y refused, claiming that the goods were delivered for carriage in good condition. Y could not be reached by telephone, and its address stated on its website was wrong. X had no redress against the Carrier, because the Carrier validly excluded its liability with a ‘’said to contain’’ clause. The Bank was also not liable, because this clause was acceptable under the lett er of credit rules. X contacted a lawyer in the United States, and after receiving an estimate of att orney expenses, which would not be recoverable under the U.S. law, X decided to give up the case and bear the loss.https://hrcak.srce.hr/file/246239documentary creditclean bill of ladingUniform Customs and Practices for Documentary Credits (UCP)documentary fraudugovor o prijevozučista teretnicadokumentarni akreditivJednoobrazna pravila i običaji za dokumentarne akreditive |
| spellingShingle | Časlav Pejović Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean Poredbeno Pomorsko Pravo documentary credit clean bill of lading Uniform Customs and Practices for Documentary Credits (UCP) documentary fraud ugovor o prijevozu čista teretnica dokumentarni akreditiv Jednoobrazna pravila i običaji za dokumentarne akreditive |
| title | Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean |
| title_full | Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean |
| title_fullStr | Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean |
| title_full_unstemmed | Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean |
| title_short | Clean bill of lading in contract of carriage and documentary credit : When clean may not be clean |
| title_sort | clean bill of lading in contract of carriage and documentary credit when clean may not be clean |
| topic | documentary credit clean bill of lading Uniform Customs and Practices for Documentary Credits (UCP) documentary fraud ugovor o prijevozu čista teretnica dokumentarni akreditiv Jednoobrazna pravila i običaji za dokumentarne akreditive |
| url | https://hrcak.srce.hr/file/246239 |
| work_keys_str_mv | AT caslavpejovic cleanbillofladingincontractofcarriageanddocumentarycreditwhencleanmaynotbeclean |