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.
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- August 27, 2020 at 1:34 am #582226
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 movesAugust 27, 2020 at 11:10 pm #582398Hi 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 #582411And what if carriage is not involved?
Are the transfer of risk same for both
1. Contracts involving carriage (unspecified place)
2. Contracts not involving carriageAugust 28, 2020 at 8:42 pm #582561Hi 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 #582565Additionally 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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