It is also established practice to assume that the date on the bill of lading is the actual date on which the goods were successfully loaded onto the shipping vessel in the absence of any other evidence, and this would at first seem to suggest that the bill of lading must be taken at face value (GAFTA 100). BigNut's agents encountered evidence that loading of the peanuts onto the Al Sudan did not take place until April 1, however, meaning that the bill of lading itself could be a fraudulent document.
There is also substantial incentive for SudanNut to have fraudulently applied the date of March 31, 2011 to the bill of lading: the contract of sale explicitly stated that the peanuts were to be transported during the month of March, and both law and case precedent insist that this be interpreted as a literal interpretation of the calendar month during which the transport of the goods is to take place (Bowes v Shand [1877] 2 App Cas 455; Sale of Goods Act of 1979). Case precedent also deems that a breach of a stated timeframe for the transport of goods can result in the nullification of the contract, voiding the buyer of any responsibility to accept the goods (Bowes v Shand [1877] 2 App Cas 455). If the bill of lading was fraudulently produced by SudanNut due to their knowledge of this provision in the law, the document itself could be grounds for suit by BigNut.
The documentation regarding the quality of the peanuts prior to shipment are a more difficult issue. The contract states that the certificates produced by the SSMO are to be considered the final word on the true quality of the product at the time of loading, and as the buyer agreed to this provision it will be quite difficult to assert otherwise after the fact. That BigNut's agents found evidence of greater humidity levels in the peanuts than reported by the SSMO -- something that cannot be explained by accidents or negligence during transport, but that was either measured or reported incorrectly at the point of origin -- is certainly disturbing, but it is not something that gives BigNut's cuase for action or the seeking of financial damages. The certificate of quality itself must be presumed to be a valid document unless evidence emerges to the contrary; there is some evidence and strong motivation for the fraudulent creation of the bill of lading, but such evidence/motivation has not been established by the SSMO, and the discrepancy could very well be an error rather than a conscious act.
Other documentation not required by the contract was also furnished to BigNut Corp., including an invoice that repeats the basic quality description stipulated in the contract and essentially affirmed by the certificate of quality. This document could provide further evidence of the disparity between the quality of the goods not only as they arrived but also as they were upon loading, in some aspects, yet the document itself is not a cause for action. As this invoice is not described or even mentioned in the sale contract, no duty existed on the part of the seller to furnish it or ensure its accuracy, and the fact that the information is repeated in greater detail on other required documents renders it largely obsolete.
Rights in Respect of Goods
There are clearly damages to the peanuts shipped by SudanNut and purchased by BigNut due to negligence, from the tearing and other damages observable on the Jute bags in which the peanuts were packed to the existence of saltwater in some containers to the uncleanly condition of the cargo areas or containers in which the peanuts were stored. It is far less clear who BigNut can hold responsible for these damages, however, and how the company can go about attempting to collect recompense for these damages. While the purchasing company certainly has many rights in relation to the goods purchased and the seeking of remedies for damages to the goods, whether or not these rights extend to legal capabilities to hold the appropriate parties accountable is somewhat dubious for a variety of reasons.
According to the Hague-Visby Rules, the carrier of goods becomes responsible for maintaining he quality and description of the goods as furnished to the carrier by the shipper,...
Notwithstanding the challenges involved, the stakes are high and there is little room for false starts or experimentation; therefore, identifying a general set of best practices that Gambian organizations can follow in developing their own set of sustainable productivity practices represents a valuable and timely undertaking, which relates to the purpose of the study which is discussed further below. Purpose of Study The overall purpose of this study was to study
Impact of globalization on US jobs One can certainly debate when globalization began in the United States. Was it when millions of slaves were imported from Africa? Was it during the Spanish-American war when the US sowed the seeds of a colonial empire, that, ultimately, never went far. Was it when the US signed the first free trade act with Canada in 1987. That was probably the most reasonable starting point
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now