Exam 5: The Documentary Sale and Terms of Trade

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Under the terms "Ex Factory," the seller is responsible for transporting the goods to the buyer's factory.

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The seller issues the bill of lading.

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In an international transaction,the seller risk is called "credit risk" and the buyer's risk is called "delivery risk."

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Compare and contrast the risk of loss and expenses associated with "C" and "F" terms.

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A clean bill of lading does not protect the buyer from receiving damaged goods.

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Negotiable documents of title allow for the transfer of the title to the goods without requiring the owner to take possession of the goods.

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Compare and contrast the instances in which an individual holding a bill of lading will and will not be protected from the adverse claims of third parties.

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In an effort to satisfy an important customer in Portugal,the seller is willing to pay all ocean freight charges and bear all risks of the journey to the port of Lisbon.The buyer,however,has agreed to pay all unloading charges.The exporter should quote his prices:

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According to Incoterms,the risk of loss or damage to goods under a CIF contract passes from seller to buyer when:

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Under the Uniform Commercial Code,the risk of loss in a destination contract passes to the buyer when the goods are tendered to the buyer at that place.

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The type of bill of lading not recommended for the shipment of perishable goods is:

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Consider when a shipping term as opposed to contradictory contract language will be most persuasive in identifying the type of contract.Vice versa?

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In Basse and Selve v.Bank of Autralasia,the seller submitted a phony sample of ore to an inspection company to obtain a Certificate of Analysis showing high- grade ore.On the basis of the certificate,the seller paid for the documents and took delivery of the ore.The ore turned out to be worthless.The court ruled that:

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Both negotiable instruments and negotiable documents serve as substitutes for money.

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When would and would not a bill of exchange constitute bearer paper?

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If the seller in Omaha wishes to place the goods in the hands of a trucking company named by the foreign buyer and have the risk of loss pass to the buyer at that time,the seller should quote his prices:

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Draft a contract that includes shipping terms.

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A sale made with terms "CIF Tokyo" includes in the price quoted for the goods which of the following:

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A sale made "CIF foreign port" implies that the terms of the sale are:

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A seller who quotes on open account terms in a foreign currency bears the currency risk during the open credit period.

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