Two consignments were destroyed by a fire in the defendaers warehouse. The defender asserted that the pursuer had no title to the goods because under the ‘CIP’ contract, title had passed already to the consignee.
Held: The 1979 Act provided that title and risk passed when the parties agreed. The term ‘Carriage and Insurance Paid’ in Incoterms 2000 meant that the seller paid the cost of carriage so far as the named destination, and that thereafter the buyer bore all costs and risks. The endorsement on the contract of a term from Incoterms 2000 was not effective to incorporate those terms. It was merely a shorthand for what had been agreed to be included in the price. In this case the intention of the parties was that title and risk would not pass until payment. The pursuer could sue.
Judges:
Lord Clarke
Citations:
[2006] ScotCS CSOH – 40, Times 11-Apr-2006
Links:
Statutes:
Jurisdiction:
Scotland
Citing:
Cited – Albacruz (Cargo Owners) v Albazero ‘The Albazero’ HL 1977
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 05 July 2022; Ref: scu.239629