Ommercial Law ( International sale of goods )
no more than 3000 words and no copy past please and finish it on time
NOTE :the teacher said the person who will read essay he dose not know any thing about law so he meant to explain fro him every thing
-now read the QUESTION
Write a reasoned answer to the following problem. You must use a word processor, print on A4 size paper using one side only and adopt double line spacing so that the marker can write comments within your script. The pages should be numbered consecutively. Footnotes do not contribute to the word limit. Therefore you should not put any explanatory material in the footnotes: they should be used for referencing only. You must attach an Assignment Front Cover to your answer. Send a copy of your answer as an e-mail attachment to your university e-mail address as evidence of submission. You must familiarise yourself with the University regulations on late submissions, word limits and cheating. You must self-certify the number of words you use.
Franco is a Neapolitan commodity trader. His agent ships aboard Gordonas vessel The Maid of Hampshire in Taranto, Italy, 10,000 tins of olives on the 1st March 2010. The vessel is bound for Southampton. The master issues a bill of lading in favour of Franco which states, amongst other things:
1. Shipped aboard The Maid of Hampshire in Taranto on the 1st March 2010 10,000 tins of Italian olives in apparent good order and condition;
2. To be delivered to Franco or his order in Southampton;
3. The ship owner shall be under no liability whatsoever for the carelessness of the master and the crew in relation to the goods carried.
Franco sells the olives to Hilda, a London commodity trader, c.i.f. Southampton, March 2010 shipment. In return for the full sale price Franco indorses and delivers the bill of lading to her.
The Maid of Hampshire arrives in Southampton on the 20th March 2010 and it is discovered that half of the cans of olives have rusted due to seawater seeping into the hold through a leak in the shipas hold. The leak had existed before the ship set sail but was so slight that Gordon had decided to delay sealing it until the ship arrived in Southampton. The other half of the cans are unaffected by the seawater but it is discovered that they have minute holes in the seals rendering the contents useless.
Also on the 1st March 2010 Franco ships aboard the The Maid of Hampshire in Taranto 10,000 tonnes of Arborio rice grain in 25 kilogram sacks. The shipas master issues a set of three bills of lading in favour of Franco each of which states, amongst other things:
1. Shipped aboard The Maid of Hampshire in Taranto on the 31st February 2010 400×25 kg sacks of Arborio rice grain in apparent good order and condition to be delivered to Franco in one safe South of England port to be nominated by Franco;
2. The carrier reserves the right to tranship the goods onto any other vessel for any reason and if transhipment takes place the carrier is under no further liability for the condition of the goods carried;
3. Freight payable on discharge.
Franco agreed to sell the rice to Ian, a commodity trader in Birmingham, c.i.f. Southampton, February 2010 shipment. Franco tenders the following documents to Ian on the 23rd March 2010:
1. A bill of lading covering the rice that states it is the first of a set of three;
2. A certificate of insurance covering the rice;
3. An invoice for the full sale price of the rice; and
4. A certificate of inspection issued by a reputable commodity inspector in Taranto which states a?rice in good condition, inspected on the 2nd March 2010 the day after loading.a?
The market price for the rice has now fallen. Advise Hilda and Ian.
First Class: Excellent Standard (70%+)
Mastery of relevant law incorporating a range of data sources.
Clear original intelligent and critical understanding of legal concepts involved, supported by relevant legal authority
Sustained and imaginative use of reasoning skills utilising a range of relevant legal theories in a critical manner
Excellent development of legal argument and practical application in lucid and lively language
Upper Second Class: Very Good Standard (60-69%)
Thorough coverage of the law extending beyond those ideas and concepts given in lecture/basic reading
Good understanding and interpretation of legal concepts, supported by intelligent use and citation of relevant legal authority
Demonstrate established reasoning skills using, effectively, a range of relevant legal theories in a critical manner
Clear and established competence in legal argument and the effective practical application of legal knowledge
Lower Second Class: Good Standard (50-59%)
Sharper presentation of the law than a third class student
Evidence of reasonable understanding of legal concepts involved with a good use and citation of relevant legal authority
Evidence of ability to reason from employing relevant theories in a critical manner
Understanding and competence in both arguing in a logical manner and the practical application of legal knowledge
Third Class: Pass Standard (40-49%)
Adequate coverage of the law
Evidence of reasonable understanding of legal concepts involved with good use and citation
Of relevant legal authority
Attempt at employing relevant legal theories in a critical way and recognise the need to explain and assess them
Attempt at arguing in a logical manner
This assessment will enable students to demonstrate in full or in part the learning outcomes identified in the unit descriptors.
The Universityas Extenuating Circumstances procedures are in place if there are genuine circumstances that may have affected your academic performance. Remember however you need to be a?fit to studya, this means that you can either submit your assessed work or declare extenuating circumstances, but you cannot do both.
A summary of guidance notes for students is given below:
Any submissions must be your own work and, where facts or ideas have been used from other sources, these sources must be appropriately referenced. The Universityas Academic Handbook, includes the definitions of all practices that will be deemed to constitute academic misconduct. You should check this link before submitting your work.
Procedures relating to student academic misconduct are given below:
The work being carried out by the student must be in compliance with the Ethics Policy. Where there is an ethical issue, as specified within the Ethics Policy, then the student will need an ethics release or an ethical approval prior to the start of the project.