Professional Documents
Culture Documents
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The court may require the exporter to pay the buyer compensatory damages – a sum of
money that will fully and adequately compensate the buyer for any measurable loss.
23. Which law prefers to award damages?
Common law countries.
24. Which law enforces performance?
Civil law countries.
25. What questions do the courts ask in setting a figure for compensatory damages for
late delivery?
Did the loss provably follow from the breach?
Was the loss reasonably close to the breach in the chain of events?
Was the loss “mitigated” – in other words, did the buyer take reasonable steps to keep the
loss as small as possible?
26. What are liquidated damages?
They are a fair figure, a lump sum to be paid per day (week or month) of late delivery. The
compensation fixed in advance is called liquidated damages.
27. What are penalties?
They are damages to be paid to compensate one party for a loss.
28. Explain the differences between liquidated damages and penalties?
Liquidated damages:
• Motive: To compensate the buyer fairly for any delay in delivery.
• Enforceable everywhere but subject to increase or decrease in some legal systems.
Penalties:
• Motive: To terrorize the exporter into punctual delivery.
• Not enforceable in English law or other common law systems.
29. What is quasi-indemnity?
Motive: To relieve the exporter of liability for delay in delivery.
Enforceable everywhere but open to challenge as ‘unconscionable’.
30. What notation must a Marine Bill of Lading bear?
The Marine Bill of Lading to be acceptable as a shipping document under a letter of credit
must bear the notation that the goods have been shipped on board a named vessel.
31. How can a marine bill of lading be made into a negotiable document?
Typing he word ‘Order’ in the Consignee box. The shipper must endorse the bill (sign it on
the back).
32. What are clean shipping documents?
There are no notes/free of notes about defects, the goods are in perfect condition.
33. What aspects of the goods does the carrier (the transportation company) inspect?
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The carrier does not inspect the goods themselves, but their packaging and general
appearance.
34. What defects does the carrier note on the face of the bill of lading or other shipping
documents?
If anything is wrong, the carrier notes the deficiency on the face of the bill of lading or other
shipping documents.
35. Which player (exporter or buyer) is responsible for arranging insurance cover?
In deciding who should insure, there are 2 schools of thought.
The first sees the point of delivery as decisive: up to delivery the exporter insures, after
delivery the buyer insures.
The second approach lies behind C-terms (CIF, CIP): it is often easier for the exporter to
arrange insurance.
36. Name types of insurance policy?
There are 7 types of insurance policy:
Tailor-made policy, Floating policy and Open cover.
Valued policy and Unvalued policy.
Time policy and Voyage policy.
37. What does a Marine Insurance policy cover?
A marine insurance policy has three variant clauses: Cargo Clause A, B and C.
Clause A covers anything not excluded.
Clauses B and C exclude anything not expressly covered.
38. What are 3 variables taken into account when setting up the 13 terms?
Where along the transportation route delivery takes place.
What means of transportation is used.
What costs the exporter might pay after the point of delivery.
39. Identify 4 categories in which the 13 terms are grouped?
The E-term deals with deliveries at the exporter’s factory.
The F-terms all concern delivery within the exporter’s country.
The C-terms involve delivery in the exporter’s country, with extra cost for the exporter
after delivery.
The D-terms take care of delivery outside the exporter’s country.
40. What are main functions of ocean BL?
A contract for delivery of the goods.
A document of title to the goods.
A receipt for the goods.
41. What are requirement of BL when payment is made by LC?