Question
Company A of China and Company B of a certain country signed a CFR contract for the purchase of 52500 tons of fertilizer on October
Company A of China and Company B of a certain country signed a CFR contract for the purchase of 52500 tons of fertilizer on October 20. The L / C issued by Company A stipulates that the time of shipment shall be from January 1 to January 10 of the following year. Due to a hurricane on the way to a foreign port, the cargo ship "Tailwind" chartered by Company B was not completed until January 20 of the following year. The carrier issued a bill of lading in accordance with the terms of the letter of credit after obtaining the guarantee issued by Company B. The "Shunfeng" left the loading port on 21 January. Company A insured the goods against W. P. A. On January 30 of the following year, the "Shunfeng" ship caught fire while passing through the Panama Canal, causing part of the fertilizer to burn. The captain ordered the fire in the process and caused part of the fertilizer wet damage. Due to the delay in the port of loading, the vessel was confronted with a fall in the price of fertilizer when it arrived at its destination. When Company A sold the remaining fertilizer, the price had to drop significantly, causing Company A great loss. Based on the above examples, please answer the following questions:
(1) What is the loss of fertilizer burned on the way and who should bear it? Why?
(2) What is the loss of fertilizer on the way and who should bear it? Why?
(3) Can Company A recover the losses caused by the fall in fertilizer prices from the carrier? Why?
Step by Step Solution
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Step: 1
The insurance company will pay for the replacement of any fertilizer that was lost as a result of it being burnt while in transit Company A will be compensated by the insurance company for the amount ...Get Instant Access to Expert-Tailored Solutions
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Step: 2
Step: 3
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