Remember that the incoterms 2010 are not a complete contract of sale. Everyday low prices and free delivery on eligible orders. Cif and fob contracts share significant characteristics lacking from other varieties of international sale contract. Cif and fob contracts editors, lynne skajaa, filipo lorenzon by skajaa, lynne abebooks. The flexibility of the free on board fob contract makes it a far more attractive international sales contract option for exporters than the cif. Evans, fob and cif contracts, alj, vol comparing cif and fob contracts law teacher nov 14, 2011. Fortunately for the bemused practitioner advising on such difficulties, the complexities of cif and fob are extensively and intensively elucidated and discussed throughout the eighthundred or so pages of this book, which provides any number of citations from case law, together with the views of other commentators. Specify the place or port as precisely as possible. Cif and fob contracts represent the most commonly used shipment contracts. The work is a thorough and detailed study of this important area of commercial law, focusing on both providing clear and exhaustive guidance on the contractual and legal issues surrounding.
Fob contracts, as well as those imposing a duty on the seller to pay for stowing and trimming. Sassoon, application of fob and cif sales in common law countries, etl 1981, 5152. One of the central clauses in an international contract of sale is the trade term. Understanding the correct point of delivery in cif incoterms. The distinction between an extended fob and a cif contract is that in the extended fob contract, services connected with the provision of the vessel and prepayment of. It is a bilateral act of the seller and the buyer to identify and set apart the goods. Jan 12, 2017 professor filippo lorenzon, professor of maritime and commercial law, and professor yvonne baatz, professor of maritime law, southampton law school recently published sassoon. Xxx ademuniodeke, phd insurance of cif and related. This skeleton can be added to, altered or tailored to fit the requirements of the parties using the term. The right to reject the documents and goods in cif contracts a cif contract, which stands for cost, insurance and freight, represents one major commerce terms incoterms adopted by the international chamber of commerce. The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any. Ademuni odeke xxx 1993the nature of cif contracts is it a. Oxford university press online resource centre further. Contracts fob law and legal definition uslegal, inc.
Fob stands for free on board and in its simplest form this contract means that the. A discussion and analysis of the bill of lading as a document of title. Cif and fob contracts goods in transit are a target for opportunists and thieves. Gower, 1956, 417, whereas those functions are essential aspects of the cif sellers duties. Apr 16, 2010 open library is an open, editable library catalog, building towards a web page for every book ever published. It includes a detailed overview of many international cases with over 100 cases added since. We continue by explaining in more details the elements of the fob and cif contracts, as well as the rights and duties of the parties to those contracts. B contracts and further the focus will be on the legal perspective and the roles of the shipping documents in c. Main changes olegario llamazares the new incoterms 2020 are being drafted in the international chamber of commerce icc as the body that publishes them since 1930.
Cif and fob contracts 6e thomson reuters australia. This lecture paper explore in succinct the obligations of seller and buyer under c. This work provides a comprehensive statement of the law and practice relating to cif and fob contracts, the two main international shipping contracts. Contracts dealing with goods to be shipped often include an fob clause, which stands for free on board. Sassoon offers an easytouse reference to the principles behind cif. David m sassoon whether drafting contracts or considering the nature of these provisions in the context of a dispute, this book offers an easy to use reference to the principles behind cif and fob contracts. The previous fourth edition of sassoon was published in 1995 and a revised edition has long been overdue, particularly in such an incessantly developing area of the law. Transfer of ownership in case of sale of unascertained goods.
Search for library items search for lists search for contacts. He has to perform the contract by tendering conforming documents to the buyer. Under cif which belongs to incoterms group c main carriage paid, the seller nominates the vessel and pays the cost and freight to bring the goods right to port of destination. Contracts british shipping laws sixth edition by filippo lorenzon with yvonne baatz for chapters 15 and 16 isbn. As well as being of fascinating historical interest, it explains how the modern legal. Open library is an open, editable library catalog, building towards a web page for every book ever published. Each incoterms envisages different rights and obligations for buyers and sellers. The cif, as well fob, is one of the most common sale contract forms in nowadays trade, probably morethan any other contract used for the purpose of seaborne commerce. Sassoon, 97804215204, available at book depository with free delivery worldwide. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Sassoon, application of fob and cif sales in common law countries. Sassoon on cif and fob contracts 9780414075290 sweet.
Cif and fob contracts explains and analyses the law of contracts for the sale of goods carried by sea, in particular the cost, insurance and freight cif and free on board fob terms. These terms have been put in place so as to maintain uniformity, certainty and predictability in international trade agreements. An examination of their principles and practical application in internal trade by john williamson. Despite the development of technology and internet which by far have affected the way how business is conducted and contracts performed, goods save for intangibles are still shipped from the sellers place to the purchasers place in the traditional way, i. It is surprising that any exporter of goods would want to contract under cif terms. Available formats pdf please select a format to send.
Basic among these additional contracts are the contract of carriage by sea, under which the goods are transported from one country to the other and the contract of marine insurance, by which the parties protect. Shipping law library unlimed acces book by david m. This latest edition of a wellknown work on cif and fob contracts is a welcome addition to the literature on the english law of international sale of goods. The book explains and analyses the law of contracts for the sale of goods carried by sea, in particular the cost.
Subject of the study introductory remarks 2 chapter i. The author demonstrates the practical problems resulted from the distinctive characteristic of cif and fob contracts in terms of risk distribution in english law. Critically analyse this statement in relation to c. Covers in full the cif and fob incoterms 2010 rules often incorporated by reference in shipment sales of commodities and manufactured goods.
The international sale of goods and incoterms from a maritime lawyers perspective incoterms are terms published by the international chamber of commerce icc, dealing with aspects of the sales contract such as. These terms have been put in place so as to maintain uniformity, certainty and predictability in. An examination of their principles and practical application in internal trade by john williamson introduction this article is a brief study ofvarious legal aspects and practices of international trade. Unless otherwise expressly agreed in writing in the sales contract, this part one of these general terms and conditions shall apply only to all fob sales of products to be performed as sellers, either by cepsa trading, s. Unlimited read and download cif and fob contracts british. Lorenzon, filippo and baatz, yvonne 2012 cif and fob contracts. Cost, insurance, and freight cif and free on board fob are international shipping agreements used in the transportation of goods between a buyer and a seller.
Fob contract, because it requires the performance ofa lesser number. Cif and fob contracts by filippo lorenzon, 9780421918900, available at book depository with free delivery worldwide. Best pdf cif and fob contracts british shipping law library for ipad by david m. Fob was the first term to be used by merchants for the purpose of seaborne commerce. The appropriation may be done either by the seller with the. Sorry, we are unable to provide the full text but you may find it at the following locations. Critically assess the rules on risk in relation to cif and fob contracts. In all cif, and arguably in many fob contracts, possession is transferred constructively, by means of the. This article analyses insurance of cif and cif related contracts2 under angloamerican and other common law jurisdictions, compares it with equivalent insurance obligation in fob contracts also.
Security clearances in light of heightened concern about security in the movement of goods, there are more stringent security requirements for the export and import of. The fob terms are an important part of the purchase contract. The significant feature of a cif contract is that performance of bargain is to be fulfilled by. Application of fob and cif sales in common law countries, proceedings of international congress on maritime and multimodal sale of goods and documentary credits, nice 2122 may 1981, european transport law, 16, 5059. This means that the goods will be shipped to a specific place without cost. The fob free on board and cif cost, insurance and freight contracts are involved with international export sale contracts also called export transactions, although the fob contract is loosely used in local commercial transactions. Transferofriskinthecontractofsaleinvolvingcarriageofgoods. Cif and fob contracts explains and analyses the law of contracts for the sale of goods carried by sea, in particular the cost, insurance and freight. Pdf a discussion and analysis of the bill of lading as a.
Includes express references to the most common standard form contracts in current use such as the gafta 2010 edn, and fosfa 2008 edn c. In the last decades, there has always been a revision of incoterms rules coinciding with the first year of each decade 1990, 2000, 2010. Cost simply pertains to the actual cost of the goods being purchased, insurance quite literally means that the goods will be protected by an insurance policy during their transit. This work is part of british shipping laws and has coverage of cif and fob contracts. The book explains and analyses the law of contracts for the sale of goods carried by sea, in particular the cost, insurance and freight cif. Cif and fob contracts 5th edition by lorenzon, filippo, skajaa, lynne, baatz, yvonne, sassoon, david m. Topics include discussion of the practical impact of the. Insurance of cif and related contracts under incoterms, anglo. The international sale of goods and incoterms from a maritime. For example, fca atlantic house, holborn viaduct, london, ec1a 2fg.