C/L/12. UK Commercial Law has responded well to the needs of the international business community by facilitating international trade. Analyse.
(2004, 4000 words)
Through the course of this essay it will be shown that the above statement can be partially supported and disagreed with. On the one hand it is true to say that the UK Commercial Law facilitates international trade by having straight forward rules that are strictly applied by the English courts in relation to 'free on board' and 'cost, insurance and fright' contracts. On the other hand such treatment did not follow as a response to the needs of international business community. This hypothesis will be proved by outlining the needs of the international business community. Followed by an outline of the rules and duties applicable to the seller and buyer under both 'free on board' and 'cost, insurance and freight' contracts. The examination will include the relevant case law, Acts of Parliament and Conventions. Lastly, some criticisms and analysis of problems, if they exist, that arise with interpreting and consequently applying international trade terms in relation to FOB and CIF contracts under Convention of Contracts for the International Sale of Goods 1980, Hague-Visby Rules 1924, the Sale of Goods Act 1979 and the Carriage of Goods by Sea Act 1971 and 1992, will be presented.
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