Assuming that English law applies to all the above transactions, discuss the rights and liabilities of the parties.

Poutin owns and operates a biscuit making factory. Poutin asks her friend, Xin, to buy refined flour. The contract provides that Xin will receive a percentage of the purchase price as reward. Thor agrees to sell 10,000 tonnes of refined flour to Xin. Xin knows that

Thor has a long established policy of not selling to buyers with poor corporate social responsibility standards. Poutin’s factory has been in trouble for causing environmental pollution, paying her workers less than the national minimum wage, and using child labour. Xin thus conceals, from Thor, the fact that she is acting as Poutin’s agent. Thor refuses to deliver the goods upon finding out that Xin is acting for Poutin. In the light of Thor’s refusal to perform the sale contract, Poutin is also thinking about not paying Xin. 

In a second contract, Poutin agrees to buy from Donna “CIF Liverpool, June shipment of 20,000 tonnes Grade 1 refined flour”. Payment is by letter of credit issued by Bank Eeran. The following documents are presented by Donna to Bank Eeran: –

 A bill of lading describing the goods as “approx. 20,000 tonnes high grade refined flour” with a stamp mark showing that shipment date to be “30 June” and a clause stating “goods in apparent good quality and condition but wetted after loading”;

– An insurance certificate referring to “20,000 tonnes refined flour shipped from a Black Sea port to Liverpool”;
– A commercial invoice referring to “20,000 tonnes Grade 1 refined flour”.

Donna has secured a letter of indemnity from Bank Farah to indemnify Bank Eeran if 

Bank Eeran is found liable for paying against non-conforming documents. Bank Eeran still refuses to pay.

In a third transaction, Poutin agrees to sell a quantity of generic pet food to Bing. The contract is expressed to be on “FOB Tilbury, November shipment” terms. Bing makes the following nomination of the ship on 24 November:

“Final nomination: Elegant/sub”

The Elegant unfortunately breaks down on 26 November. On 29 November, Bing nominates the Gracious as substitute. On the same day, Poutin’s factory is burned down. The goods are destroyed. Poutin refuses to make delivery. 

Assuming that English law applies to all the above transactions, discuss the rights and liabilities of the parties.Poutin owns and operates a biscuit making factory. Poutin asks her friend, Xin, to buy refined flour. The contract provides that Xin will receive a percentage of the purchase price as reward. Thor agrees to sell 10,000 tonnes of refined flour to Xin. Xin knows that Thor has a long established policy of not selling to buyers with poor corporate social responsibility standards. Poutin’s factory has been in trouble for causing environmental pollution, paying her workers less than the national minimum wage, and using child labour. Xin thus conceals, from Thor, the fact that she is acting as Poutin’s agent. Thor refuses to deliver the goods upon finding out that Xin is acting for Poutin. In the light of Thor’s refusal to perform the sale contract, Poutin is also thinking about not paying Xin.

In a second contract, Poutin agrees to buy from Donna “CIF Liverpool, June shipment of 20,000 tonnes Grade 1 refined flour”. Payment is by letter of credit issued by Bank Eeran. The following documents are presented by Donna to Bank Eeran: 

– A bill of lading describing the goods as “approx. 20,000 tonnes high grade refined flour” with a stamp mark showing that shipment date to be “30 June” and a clause stating “goods in apparent good quality and condition but wetted after loading”;

– An insurance certificate referring to “20,000 tonnes refined flour shipped from a Black Sea port to Liverpool”;

– A commercial invoice referring to “20,000 tonnes Grade 1 refined flour”. Donna has secured a letter of indemnity from Bank Farah to indemnify Bank Eeran if

Bank Eeran is found liable for paying against non-conforming documents. Bank Eeran still refuses to pay.

In a third transaction, Poutin agrees to sell a quantity of generic pet food to Bing. The contract is expressed to be on “FOB Tilbury, November shipment” terms. Bing makes the following nomination of the ship on 24 November:

“Final nomination: Elegant/sub”

The Elegant unfortunately breaks down on 26 November. On 29 November, Bing nominates the Gracious as substitute. On the same day, Poutin’s factory is burned down. The goods are destroyed. Poutin refuses to make delivery.

Assuming that English law applies to all the above transactions, discuss the rights and liabilities of the parties.Poutin owns and operates a biscuit making factory. Poutin asks her friend, Xin, to buy refined flour. The contract provides that Xin will receive a percentage of the purchase price as reward. Thor agrees to sell 10,000 tonnes of refined flour to Xin. Xin knows that  Thor has a long established policy of not selling to buyers with poor corporate social responsibility standards. Poutin’s factory has been in trouble for causing environmental pollution, paying her workers less than the national minimum wage, and using child labour. Xin thus conceals, from Thor, the fact that she is acting as Poutin’s agent. Thor refuses to deliver the goods upon finding out that Xin is acting for Poutin. In the light of Thor’s refusal to perform the sale contract, Poutin is also thinking about not paying Xin.

In a second contract, Poutin agrees to buy from Donna “CIF Liverpool, June shipment of 20,000 tonnes Grade 1 refined flour”. Payment is by letter of credit issued by Bank Eeran. The following documents are presented by Donna to Bank Eeran:– A bill of lading describing the goods as “approx. 20,000 tonnes high grade refined flour” with a stamp mark showing that shipment date to be “30 June” and a clause stating “goods in apparent good quality and condition but wetted after loading”;

– An insurance certificate referring to “20,000 tonnes refined flour shipped from a Black Sea port to Liverpool”;

– A commercial invoice referring to “20,000 tonnes Grade 1 refined flour”.

Donna has secured a letter of indemnity from Bank Farah to indemnify Bank Eeran if Bank Eeran is found liable for paying against non-conforming documents. Bank Eeran still refuses to pay.

In a third transaction, Poutin agrees to sell a quantity of generic pet food to Bing. The contract is expressed to be on “FOB Tilbury, November shipment” terms. Bing makes the following nomination of the ship on 24 November:

“Final nomination: Elegant/sub”

The Elegant unfortunately breaks down on 26 November. On 29 November, Bing nominates the Gracious as substitute. On the same day, Poutin’s factory is burned down. The goods are destroyed. Poutin refuses to make delivery.

Assuming that English law applies to all the above transactions, discuss the rights and liabilities of the parties.Poutin owns and operates a biscuit making factory. Poutin asks her friend, Xin, to buy refined flour. The contract provides that Xin will receive a percentage of the purchase price as reward. Thor agrees to sell 10,000 tonnes of refined flour to Xin. Xin knows that Thor has a long established policy of not selling to buyers with poor corporate social responsibility standards. Poutin’s factory has been in trouble for causing environmental pollution, paying her workers less than the national minimum wage, and using child labour. Xin thus conceals, from Thor, the fact that she is acting as Poutin’s agent. Thor refuses to deliver the goods upon finding out that Xin is acting for Poutin. In the light of Thor’s refusal to perform the sale contract, Poutin is also thinking about not paying Xin. 

In a second contract, Poutin agrees to buy from Donna “CIF Liverpool, June shipment of 20,000 tonnes Grade 1 refined flour”. Payment is by letter of credit issued by Bank Eeran. The following documents are presented by Donna to Bank Eeran:

– A bill of lading describing the goods as “approx. 20,000 tonnes high grade refined flour” with a stamp mark showing that shipment date to be “30 June” and a clause stating “goods in apparent good quality and condition but wetted after loading”;

– An insurance certificate referring to “20,000 tonnes refined flour shipped from a Black Sea port to Liverpool”;

– A commercial invoice referring to “20,000 tonnes Grade 1 refined flour”. Donna has secured a letter of indemnity from Bank Farah to indemnify Bank Eeran if Bank Eeran is found liable for paying against non-conforming documents. Bank Eeran still refuses to pay.

In a third transaction, Poutin agrees to sell a quantity of generic pet food to Bing. The contract is expressed to be on “FOB Tilbury, November shipment” terms. Bing makes the following nomination of the ship on 24 November:

“Final nomination: Elegant/sub”