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Contracts involving carriage but place not specified

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Contracts involving carriage but place not specified

  • This topic has 4 replies, 2 voices, and was last updated 4 years ago by Vijay.
Viewing 5 posts - 1 through 5 (of 5 total)
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  • August 27, 2020 at 1:34 am #582226
    Sourav9271
    Participant
    • Topics: 170
    • Replies: 120
    • ☆☆☆

    When in contracts involving carriage if place isn’t specified then at which point does seller discharge their obligations?

    Sir,
    Does the responsibility ceases at EXW i.e when made available for loading into first carriage
    OR
    When goods are loaded..i.e responsibility ceases when the first carriage moves

    August 27, 2020 at 11:10 pm #582398
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    Hi Sourav,

    If in a contract involving carriage a pace is not specified, then the seller discharges their obligations by handing over the goods to the first carrier.

    I hope that clarifies the position.

    Kind regards,

    Vijay

    August 28, 2020 at 6:22 am #582411
    Sourav9271
    Participant
    • Topics: 170
    • Replies: 120
    • ☆☆☆

    And what if carriage is not involved?
    Are the transfer of risk same for both
    1. Contracts involving carriage (unspecified place)
    2. Contracts not involving carriage

    August 28, 2020 at 8:42 pm #582561
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    Hi Sourav,

    If carriage is not involved Article 31 essentially says that the seller discharges their obligation if they place the goods at the buyer’s disposal at the place where the seller had their business at the time the contract was concluded.

    I hope that clarifies the position.

    Kind regards,

    Vijay

    August 28, 2020 at 9:09 pm #582565
    Vijay
    Member
    • Topics: 0
    • Replies: 258
    • ☆☆☆

    Additionally note that Article 69 states that risk passes to the buyer when they take over the goods or the goods are placed at their disposal.

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