Seller A who is located in Izmir and Buyer B who is located in Hamburg has...
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Seller A who is located in Izmir and Buyer B who is located in Hamburg has conducted a sales contract on 01.04.2018 for the sale of 1.000 wheels in the total weight of 800 kg. and loaded the cargo in same-sized 4 containers. Each container is full with wheels, and is in the value of 4.000 TL. The payment has been made in cash. In order to organize the transportation C has been appointed by B. C has no vehicles, so he has organized this transportation by dealing with the agency D of ship owner E and port operator F. In order to find these persons, C has conducted with G. When the goods have been delivered to B on 01.06.2018 in the port of Hamburg. The consignee B has realized that the 2 containers are lost and notified the situation to carrier on 01.07.2018. According to the expert report prepared by the cargo insurer H who covers the risks of A, the goods have been lost during maritime transportation. Thus, a case is filed on 02.07.2019. (1 SDR is equal to 7 TL). TCC will be applied. Answer the below questions concerning the above case. 1. Determine the contractual relationships placed in the above case. When determining these relationships, consider; the names of the contracts, their parties, the titles of the parties, the forms that these contracts are subject to and the documents that will prove their existence (30 POINTS). 2. If you are to add time charterer Y and bareboat charterer Z into the case. How would you re- establish the contractual relationships among the parties? (20 POINTS) 3. Analyze the damage compensation procedure in accordance with the contractual relations that you find under (2). When analyzing the procedure, consider B is the person who is under obligation to bear the risk (who is claimant). To whom he will file his case? Analyze the person who will file the case against the person(s) who is/are liable in terms of Turkish Commercial Code rules under 6 important titles. These titles are concept of liability, period of liability, exoneration from liability, notice of damage, limitation of liability and time bar (30 POINTS). 4. Consider that you are the master of the ship and the damage has occurred before loading the cargo to your ship. What would you do with the bill of lading in order to relieve from liability? Explain briefly (20 POINTS) Seller A who is located in Izmir and Buyer B who is located in Hamburg has conducted a sales contract on 01.04.2018 for the sale of 1.000 wheels in the total weight of 800 kg. and loaded the cargo in same-sized 4 containers. Each container is full with wheels, and is in the value of 4.000 TL. The payment has been made in cash. In order to organize the transportation C has been appointed by B. C has no vehicles, so he has organized this transportation by dealing with the agency D of ship owner E and port operator F. In order to find these persons, C has conducted with G. When the goods have been delivered to B on 01.06.2018 in the port of Hamburg. The consignee B has realized that the 2 containers are lost and notified the situation to carrier on 01.07.2018. According to the expert report prepared by the cargo insurer H who covers the risks of A, the goods have been lost during maritime transportation. Thus, a case is filed on 02.07.2019. (1 SDR is equal to 7 TL). TCC will be applied. Answer the below questions concerning the above case. 1. Determine the contractual relationships placed in the above case. When determining these relationships, consider; the names of the contracts, their parties, the titles of the parties, the forms that these contracts are subject to and the documents that will prove their existence (30 POINTS). 2. If you are to add time charterer Y and bareboat charterer Z into the case. How would you re- establish the contractual relationships among the parties? (20 POINTS) 3. Analyze the damage compensation procedure in accordance with the contractual relations that you find under (2). When analyzing the procedure, consider B is the person who is under obligation to bear the risk (who is claimant). To whom he will file his case? Analyze the person who will file the case against the person(s) who is/are liable in terms of Turkish Commercial Code rules under 6 important titles. These titles are concept of liability, period of liability, exoneration from liability, notice of damage, limitation of liability and time bar (30 POINTS). 4. Consider that you are the master of the ship and the damage has occurred before loading the cargo to your ship. What would you do with the bill of lading in order to relieve from liability? Explain briefly (20 POINTS)
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1 There are 4 contractual relationships in the above case These are the sales contract between A and ... View the full answer
Related Book For
Accounting
ISBN: 978-0324188004
21st Edition
Authors: Carl s. warren, James m. reeve, Philip e. fess
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