Exam 5: The Documentary Sale and Terms of Trade

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The purpose of the bill of lading is to:

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When a party takes a negotiable document as a good faith purchaser,it generally acquires even greater rights in the document than the one from whom it had been negotiated.

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Air waybills are governed by the Uniform Commercial Code.

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The law governing the negotiability of bills of lading is more fully developed than law governing the negotiability of commercial paper.

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As decided in the case presented in the text,Biddel Brothers v.E.Clemens Horst Co.,under a C.I.F.sales contract:

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Draft a bill of lading.

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B is known in the trade as a trader and merchant of soybeans.A entrusts a load of soybeans to B for storage in B's warehouse.Secretly,B delivers the goods to an ocean carrier in return for a bill of lading.B then sells the document covering a shipment of soybeans to C,who has purchased soybeans from B in the past.C pays for the document through its bank.B absconds with the money.In this case:

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Trade terms are used in all international contracts for the sale of goods.

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Prepare an invoice that contemplates any number of the following: ocean freight and insurance costs,ground transportation costs,port charges,customs fees,forwarder's fees,and communications expenses.

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Bills of lading are a twentieth-century convention of trade practice.

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The Incoterms definitions will automatically become a part of a contract for the sale of goods,governed by the UN Convention for the International Sale of Goods.

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Most buyers in an international sale are now willing to pay cash in advance in order to reduce credit risk.

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In addition to the bill of lading,other documents that may be required for shipment include all but which of the following:

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Under Incoterms,a sale on terms "DDP" represents the minimum responsibility of the seller and the maximum responsibility of the buyer.

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