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Sunny contracted to sell to April 100cartons of oranges, which had been identified, packed and ready for delivery to April under the terms of the contract. However, the apples were stolen during the transportation(through no fault of either Sunny or the carrier) Neither Sunny nor April had insured for the apples, April had not yet paid the price. Sunny would like to know if he can claim against April for the price. Advice Sunny.


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原帖由 半夜小魚蛋 於 2017/9/6 01:10 AM 發表

Sunny contracted to sell to April 100cartons of oranges, which had been identified, packed and ready for delivery to April under the terms of the contract. However, the apples were stolen during the t ...
Just consider how a binding contract can be discharged. Also give one precedent case name as an example with brief explanation of it. Finally make your conclusion.  






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感覺上是commercial law範圍,問題是trade terms 用FOB 定CIF





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引用:
原帖由 半夜小魚蛋 於 2017-9-6 01:10 AM 發表

Sunny contracted to sell to April 100cartons of oranges, which had been identified, packed and ready for delivery to April under the terms of the contract. However, the apples were stolen during the t ...
Under which jurisdiction are you referring to?  There could be slightly different.  Anyway, you may discuss about areas on transfer of title, delivery of the goods, delivery to carrier, contract terms, notification of delivery to buyer, so on and so forth...
From these discussions you can then conclude who should bear the risks.






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原帖由 半夜小魚蛋 於 2017-9-6 01:10 AM 發表

Sunny contracted to sell to April 100cartons of oranges, which had been identified, packed and ready for delivery to April under the terms of the contract. However, the apples were stolen during the transportation(through no fault of either Sunny or the carrier) Neither Sunny nor April had insured for the apples, April had not yet paid the price. Sunny would like to know if he can claim against April for the price. Advice Sunny. ...
It depends on the terms of the contract, e.g. FOB, CIF under UCP rules etc.



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