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Hussein sells 200 Proton X70 motorcars to Smith FOB Port Klang, shipment to be in March. On 28 February, Smith informs Hussein that his ship,
Hussein sells 200 Proton X70 motorcars to Smith "FOB Port Klang, shipment to be in March". On 28 February, Smith informs Hussein that his ship, Si Bintang, will be ready to collect the motorcars on 17 March. Hussein then makes arrangements to have the motorcars sent to port on 16 March. Si Bintang collides with a tanker just outside port and is unable to commence loading. On 28 March, Smith nominates Si Matahari to receive the cargo. As a result of the delay, Hussein incurs high warehouse charges. In a separate contract, Hussein agrees to sell 300 Proton X50 motorcars to John "FOB North Port, April shipment". John nominates Si Pelangi to take the consignment, ready to load on 20 April. John at the same time arranges insurance cover for the carriage of the motorcars on Si Pelangi. The owner of the ship subsequently informs Hussein that he is substituting Si Pelangi with Si Bulan. Hussein loads the motorcars onto Si Bulan. A week later after setting sail, Si Bulan runs into engine problems at sea and sinks. John's insurers do not intend to meet the claim. Analyse Hussein's rights and liabilities with reference to the two contracts and relevant legal provisions
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