Question

高悬赏 国际经济法 案例分析 求大神

Seller in Bombay sells 5,000 bales of cotton to Buyer, CFR (Incoterms 1990) Liverpool. Seller transports the cotton to the Bombay harbor and to the ship designated, the SS Allthumbs. Due to an error in counting, there are only 4,987 bales loaded. The ship’s bill of lading, however, shows a quantity of 5,000 bales. Seller then signs over the bill of lading to Buyer in exchange for payment in full for the cotton. When the allthumbs arrives in Liverpool, the quantity error is discovered, and Buyer sues the ship for the lost value of the missing bales. Is the ship liable? Would it matter if the Seller admitted that the error was not the ship’s fault, but that of the Seller?

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Answer 1

1. Of course the ship is liable, because they issued the BL, and BL is the key doucment for getting the goods.
2. Even if the seller admitted they instead of the ship made the mistake, the buyer still can claim to the ship.