Title To Sue
Where loss or damage to goods is incurred by a party to the contract of carriage, that person may sue directly on that contract. A seller under a CIF (‘cost, insurance, freight’) sale contract will have entered into the contract of carriage directly with the carrier, and can sue as principal. Where loss or damage occurs when risk has passed to the buyer, the buyer may benefit under the contract of carriage with the seller, depending on contract terms between buyer and seller.
Under an FOB (‘free on board’) sale contract the bill of lading determines if either the seller or the buyer is named as the shipper. This will ascertain who has contracted as principal to bring action against the carrier. Where loss or damage occurs before risk passes to the buyer, the seller may benefit under the contract of carriage made with the buyer .
Read more about this topic: International Commercial Law
Famous quotes containing the words title to, title and/or sue:
“Down the road, on the right hand, on Brister’s Hill, lived Brister Freeman, “a handy Negro,” slave of Squire Cummings once.... Not long since I read his epitaph in the old Lincoln burying-ground, a little on one side, near the unmarked graves of some British grenadiers who fell in the retreat from Concord,—where he is styled “Sippio Brister,”MScipio Africanus he had some title to be called,—”a man of color,” as if he were discolored.”
—Henry David Thoreau (1817–1862)
“Down the road, on the right hand, on Brister’s Hill, lived Brister Freeman, “a handy Negro,” slave of Squire Cummings once.... Not long since I read his epitaph in the old Lincoln burying-ground, a little on one side, near the unmarked graves of some British grenadiers who fell in the retreat from Concord,—where he is styled “Sippio Brister,”MScipio Africanus he had some title to be called,—”a man of color,” as if he were discolored.”
—Henry David Thoreau (1817–1862)
“Apart, we think we wish ourselves together,
Yet sue for solitude upon our meetings....”
—Philip Larkin (1922–1986)