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This chapter continues discussions of the subject under common law. It focuses on actual insurance obligations under these types of contracts. Topics covered include insurable interest, comparisons with the opposed contracts (CIF and CIP) where there is mandatory obligation for the seller to insure, exceptions of insurance risks under the institute cargo clauses, uncertainties caused by the FOB classifications, insurance of standard and classic FOB, confusions over insurance of extended contracts, potential problems of seller providing insurance as an agent in extended, comparison of fob and CIF insurance, requirement for insurance notice under s.32(2) of the UK Sale of Goods Act 1979 (SGA 1979), application of the section to Scotland and Northern Ireland, whether incoterms 2020 alters the common law rule on notice. Other contracts discussed include American FOB and FAS contracts and C&F & and Ex Works contracts. Also covered are damages for failure to insure, tender documents and providing insufficient insurance. Leading authorities such as Pyrene v Scindia, Northern Steel v John Batt, and Wimble v Rosenberg are covered in details. Also covered are FOT, FOR, FOB(A) and other considerations such as war risks, tender, commodities contracts. While “Further Food for Thoughts” include: caution to both parties, specific caution to sellers, specific cautions to buyers and theoretical v practical scenarios of export insurance.

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Insurance of Contracts that Exclude Sellers’ Obligations to Provide Insurance to Buyers at Common Law

  • 章节

  • 发表日期：

    2025年

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  • Professor Ademuni-Odeke

摘要

This chapter continues discussions of the subject under common law. It focuses on actual insurance obligations under these types of contracts. Topics covered include insurable interest, comparisons with the opposed contracts (CIF and CIP) where there is mandatory obligation for the seller to insure, exceptions of insurance risks under the institute cargo clauses, uncertainties caused by the FOB classifications, insurance of standard and classic FOB, confusions over insurance of extended contracts, potential problems of seller providing insurance as an agent in extended, comparison of fob and CIF insurance, requirement for insurance notice under s.32(2) of the UK Sale of Goods Act 1979 (SGA 1979), application of the section to Scotland and Northern Ireland, whether incoterms 2020 alters the common law rule on notice. Other contracts discussed include American FOB and FAS contracts and C&F & and Ex Works contracts. Also covered are damages for failure to insure, tender documents and providing insufficient insurance. Leading authorities such as Pyrene v Scindia, Northern Steel v John Batt, and Wimble v Rosenberg are covered in details. Also covered are FOT, FOR, FOB(A) and other considerations such as war risks, tender, commodities contracts. While “Further Food for Thoughts” include: caution to both parties, specific caution to sellers, specific cautions to buyers and theoretical v practical scenarios of export insurance.