II. case analysis:

How you are required to answer the case analysis problems: 4 parts

1. Your judgement first, yes or no, or in favor of whom.

2. What basis on which you make your judgement, theory, practice, rule or law

3. How you apply the above theory , practice, rule or law into this case

4. Conclusion: why you come to your judgement or conclusion.

1. Advise Tiresias Ltd (Tiresias) on the following transaction.

Tiresias sold a quantity of sultanas to Stetson Ltd (Stetson) on terms FOB, Liverpool, shipment September. Under the terms of the contract, Stetson was obliged to nominate a vessel. On 20th September, Stetson nominated the Wasteland, which was already in dock. The following day, Tiresias began to load the sultanas, but did not have sufficient to fulfil the contract and so waited for a further supply to arrive. The loading was completed just before midnight on 30th September. The vessel sailed the following day. Stetson claims Tiresias failed to fulfil its duty to deliver the goods as stipulated in the contract.

2. A contract was signed between the seller and the buyer for some kind of chemical product on the basis of FOB xxx port and the goods were found to be in conformity with

the requirement of the contract in respect of quality by inspection before shipping. On

arrival, it was found that part of the goods coagulated and the quality was not up to the standard set in the contract after the buyer took delivery of the goods. The investigation

showed that it was caused by absorbing moisture in transit due to improper packing. So

the buyer filed a claim against the seller for this but the seller pointed out that the goods conformed to the quality requirement before shipping and the damage was caused during the transportation after the goods were loaded on board at the port of shipment. The

seller refused to make any compensation because such losses of or damages to the goods should be borne by the buyer according to international trade practices embodied in

Inco-terms 2020.What is your opinion?

3.Sellers agreed to sell buyers 8 tons of jute to be shipped at Bangkok, CFR Bremen. They bought a bill of lading and other documents relating to goods apparently shipped, and transferred these to the buyers. On arrival, it transpired that for some unexplained reason no goods had been shipped and the bill of lading had been issued in error. The buyers sued the sellers for damages. If you were the judge, how would you judge?