International Trade and Carriage of Goods
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CHAPTER 1
What is a reasonable contract of carriage for CIF/CIP purposes? - section 32(2) of the Sale of Goods Act 1979
What is a reasonable contract of carriage for CIF/CIP purposes? - section 32(2) of the Sale of Goods Act 1979
1.1 Introduction
Section 32(2) of the Sale of Goods Act 1979 sets out a seller’s duty to make a reasonable contract of carriage for the goods being sold. This provision is, as one commentator eloquently put it, ‘little known and seldom applied’.2 It has attracted very little judicial consideration and hardly any academic commentary. This chapter seeks to examine the provision, including its legislative and case law history, and consider the extent to which it might be capable of being successfully used by buyers.