The plaintiff had purchased ore from Oppenheimer. The plaintiff requested that the defendant bank negotiate documents on

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The plaintiff had purchased ore from Oppenheimer. The plaintiff requested that the defendant bank negotiate documents on its behalf from Oppenheimer covering a shipment of "cobalt ore analysis not less than 5 per cent peroxide." The plaintiff specified that the bill of lading must be accompanied by a policy of insurance and a certificate of analysis from Dr. Helms, a Sydney chemist. Oppenheimer submitted for analysis phony samples of ore to the chemist, who, on the basis of this small sample, issued his certificate indicating the quality to be as described in the bill of lading. In fact, the ore contained in the actual shipment was worthless. The plaintiff brought this action in order to recover amounts paid by the bank against the documents.
1. Why do buyers in international transactions often use inspection firms?
2. If the seller fails to provide an inspection certificate as required in the contract, can the buyer refuse to accept the documents?
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International Business Law And Its Environment

ISBN: 9781305972599

10th Edition

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge

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