Question
Company A signed a contract on metals with company B. Payment was to be made by D/P at 90 days after sight. Company A fulfilled
Company A signed a contract on metals with company B. Payment was to be made by D/P at 90 days after sight. Company A fulfilled his delivery obligation as specified in sales contract and presented a draft together with shipping documents authorizing his bank to collect payment. B made the acceptance on the draft upon the presentation and borrowed the shipping documents by a trust receipt from the presenting bank and took the goods. However, at the time of payment, B refused to pay. Company A claimed payment from the presenting bank, bu the presenting bank insisted that he had no obligation to pay and suggested A to lodge a claim against B for payment.
Question: Which party should be liable for the non-payment? Please Explain.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started