Professional Documents
Culture Documents
LAW 4223 FE Revison
LAW 4223 FE Revison
Three elements: impossible to perform the contract, no fault of the parties, by the circumstances
extraordinary and usually unforeseeable by the parties
Effect of frustration:
i) Common law
According to common low, the common low does not allow the parties to clam anything
Explain the frustration in details, give me 3 elements of frustration including: impossible to perform the
contract, no fault of the parties, by the circumstances extraordinary and usually unforeseeable by the
parties. Talk about the effect of frustration, base on common low and Law Reform Act(frustrated
contract) 1943.
Seller
Description
- Packaging
- Time of the shipment
- A notice of appropriation
Can you explain the seller duties, implied duties of seller and buyers, talk about the duties of CIF seller,
give me the description base on packaging, time of the shipment, a notice of appropriation. Talk about
the 5 document need to prepare and produce base on invoice, bill of lading, delivery order, insurance,
licenses. Also talk about the remedies base on seller’s right.
Charterparty – Implied duties of parties in charterparty under the common low (slide 16)
i) Shipowner/carries
- To provide a seaworthy ship
a) Physical condition of the ship (slide 22)
b) Competent of sufficient (slide 28)
c) Adequate document (slide 29)
d) Cargo worthy ship (slide 31)
Explain the charterparty in detail focus on common law, implied duties of parties in charterparty under
the common law, talk about the shipowner/carries, talk about how to provide a seaworthy ship base on
i)physical condition of the ship, ii)competent of sufficient, iii)adequate document, iv)cargo worthy ship.
Explain the bill of lading, talk about the 3 functions of bill of lading base on 1) receipt for goods shipped,
2) Evidence of the contract of carriage, 3) A document of title.
Explain the marine insurance, talk about the 4 principle of governing marine insurance, base on 1) a
contract of utmost good faith, 2) insurance interest, 3) subrogation, 4) double insurance.
Explain the letter of credit, talk about the 2 principle governing letter of credit, base on 1) autonomy of
letter of credit, 2) doctrine of strict compliance. Also talk about the opening of letter of credit.