Advantages and Disadvantages of CIF Contract

CIF  stands for cost, insurance,freight. The price of goods in CIF contracts is inclusive of freight (consideration, reward payable in respect of carriage of cargo from loading point to point of discharge) and insurance cost to the destination specified by the contract. A CIF contract, as Scrutton J said in Arnhold Karberg v Blythe, Green, Jourdain  and CO, is not a contract that goods shall arrive, but a contract to supply goods that comply with the contract of sale, and to obtain a contract for carriage and contract of insurance. CIF contracts are generally attractive to both seller and buyer.

From a business point of view, the parties involved in a  CIF transaction have a variety of benefits, which are partially due to the role of the documents in the transaction.The advantages for the seller are given below:

                   a)   he has the opportunity to increase  his profits by making the carriage and insurance arrangements;

                  

                   b)  he retains the right of disposal of the goods until payment is made, thus keeping some level of security; and

                   

                    c)he does not bear any risk during transit of the goods.

The buyer s advantages are that he obtains:

                  a)a means to take delivery of the goods;

                

                  b)a means to trade the goods on or to pledge them as security  for finance;

                

                 c)rights against the carrier and insurer to recover at least the value of the goods if they are damaged or lost in transit.

The main disadvantages of CIF contract is that risk passes to the buyer at the time of contract.S20 of the Sale of the Goods Act 1979 provides that, after delivery of the goods risk passes to the buyer, but in the CIF contract risk passes to the buyer at the time he Pays and takes up the document. On the otherhand, risk passes to the buyer when the seller ships the goods. However, if the contract is made after the shipment risk passes at the time of contract. This seems to be very harsh on the buyer. Moreover, the risk passes to the buyer at the time of shipment, if the goods are damaged while loading into the cargo or the goods are lost in the sea,though the seller knew that,the goods might be lost when he tenders the shipping document.Where the goods are unascertained and shipped in bulk in that case the documents can not identified the goods sold.Hence theCIF contract sometimes seems to be very vague.

The importance of the documents in CIF contracts is illustrated by the rule that allows the seller to tender documents even after the goods damaged or lost. It seems unbelievable that such a rule could exist and even if it did exist that the sale was for the goods and not the documents. If the goods were utmost importance and were to all intents and purpose the subject matter of the contract then this rule would not exist. It seems impossible to argue otherwise than that a CIF is a sale documents when we consider that the documents are key to all elements of the contract and they are central to shaping the parties duties, defining when risk passes, and determining the condition of the goods.

The seller has the advantage of receiving the transacting money well in before the goods actually reach the buyer. The advantage of the buyer is that he has a substantial right once he gets the documents of sale and he may still reject the goods on their actual delivery if they turn out to be not in conformity with the standards he had prescribed. The risk which he takes is that the loss or damage of goods may not be covered by the bill of lading or insurance policy.

According to the general rule, the property and the risk passes at the same time but this is not the usual case in a C.I.F. contract. Under a C.I.F. contract, the buyer is in effect the insurer, as of the time of shipment. The transfer to him of the bill of lading and the policy of insurance giving him the right of action in respect of loss or damage to the goods has the effect of placing the goods at his risk on and after shipment[ Tregelles v. Sewell(1862) 7 H&N. 574] . But the property in the goods may not, and generally does not, pass on shipment. It very often will not pass until tender and payment. The moment at which the property passes is entirely a matter of intention which can be gathered from the terms of the contract, the parties’ conduct and according to the circumstances of the case.

“Drawing upon domestic, international legislation and case law. Whether the bomber can be physically forced to divulge the whereabouts of the explosive device”

The Human Rights Act 1998 gives legal effect in the UK to certain fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR).

Article 3 states that no State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceptional circumstances such as a state of war or a threat of war, internal political instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

The European Convention on Human Rights (ECHR) sets out fundamental rights that all citizens should have not be subjected to inhuman or degrading treatment. However, the ECHR has made it clear that ill treatment has to attain a minimum level of severity before it can be considered as inhuman or degrading treatment or punishment (Ireland v UK 1978). US law also states that, a condemned person is prevented from being humiliated or made to suffer.

More likely, UK law is compatible with European law. Although legally torture is not permitted, but many people believe that it should be in some circumstances. With regards to the admissibility of evidence in court from a suspected terrorist where torture has been used to gain a confession, the main case is A v Secretary of State for the Home Department “In practice that would largely nullify the principle, vigorously supported on all sides, that courts will not admit evidence procured by torture. That would be to pay lip-service to the principle. That is not good enough.”

According to the above discussion it can be said that in this particular scenario the bomber may not be physically force to divulge whereabouts of the explosive device.

CHILD LABOUR IN BANGLADESH

Stop Child Labour. It is a great cursed in the world. A group of 60 working children from 12 organizations, their major problems at a workshop organized by Bangladesh Shishu Adhikar Forum (BSAF) with the support from UNICEF described their basic problems:-Can not continue regular studies doing work. Do not get adequate salary for work. Subjected to hazardous form of labor   forcefully. Do not get medical facilities properly.

 According to the International Labour Organisation definition (right), there are about 3.2 million child labourers in Bangladesh. Children are forcefully trafficked out of the country. The physical handicapped do not adequate attention. Subjected to physically torture by employers and anti-socials.
. Working children often live away from their families in situations where they are exposed to violence, abuse and economic exploitation. Their vulnerable situation puts them at risk of trafficking as they seek a better life for themselves. A rapid assessment of commercially sexually exploited children showed that half worked in other sectors before being lured into sex work. Additionally, more than half had been forced or trafficked into the industry, lured by false promises of jobs or marriage. The life of a child sex worker is one of violence, exploitation and physical and psychological health problems. The majority are depressed and three-quarters of the child sex workers were ill in the three months before the rapid assessment survey, many with sexually transmitted diseases. In the 3-12 months prior to the survey, one-quarter of the children were beaten, and another quarter were raped .   3,400 children work in brick/ stone breaking for the construction industry. A survey of these child workers found that almost all had some sort of respiratory problem and were not provided with any safety gear or protection from brick dust. Other child workers in hazardous jobs include 123,000 children working as rickshaw pullers, 153,000 children working in restaurants or tea stalls, and 56,000 working in carpentry. This work is inappropriate for children. Another work is motor mechanic. This working children working with chemical and acid. Acid used in car battery. If this acid went into the eye than that would destroy the vision . Bangladesh enacted the Labour Act in 2006, which includes a chapter on child labour. This new law prohibits employment of children under 14 years of age, as well as prohibiting hazardous forms of child labour for persons under age 18. The Ministry of Labour and Employment has recently adopted a National Child Labour Elimination Policy 2010, which provides a framework to eradicate all forms of child labour by 2015. UNICEF was one of many stakeholders to provide feedback on this policy. Its aims include: withdrawing children from hazardous jobs; improving income generating opportunities for parents so they are not so reliant on child income; offering incentives for working children to attend school; enacting laws and improving law enforcement to eliminate child labour. A Child Labour Unit has been established as part of this policy, which will have responsibilities including collecting and disseminating data relating to child labour. According to this policy, the criteria for defining hazardous work for children includes: working more than five hours a day; work that creates undue pressure on physical and psychological wellbeing and development; work without pay; work where the child becomes the victim of torture or exploitation or has no opportunity for leisure.


My opinion regarding child labour

There are 3.2 million child labours in Bangladesh. In 2006 The Government of Bangladesh enacted a Labour Act to prohibits the employment of children under the age of 14 years. In spite of the enactment of the Act child labour increasing day by day. Thus the Ministry of Labour and Employment has recently adopted a ‘’National Child Labour Elimination Policy 2010’’, which provides a frame work to eradicate all forms of child labour by 2015.It is necessary to take proper steps to stop child labour & provide them better life through appropriate education ,proper habitation.

Stop Child Labour

Prisoner Voting Rights in UK

In the present UK law prisoner voting rights has been restricted. Section 3 of the Representation of the People Act 1983 provides that a convicted person during the time of his detention is legally incapable of voting at any Parliamentary or local election.  The law also states that disqualification does not apply to prisoners imprisoned for contempt of court or default for non-payment of fine or held on remand.  Article 3 of the First Protocol of the European Convention on Human Rights ensures that the freedom of expression of the opinion of the people should be exercised in the case of choice of the legislature. The UK must take into account the advisory opinion of the European Convention on Human Rights.  

  

The first domestic case addressing prisoner rights in Hirst  v. United Kingdom ruled that section 3(1) of the RPA 1983 provides a total ban on prisoners voting which is incompatible with Article 3 of the First Protocol of the European Convention on Human Rights.

In the case of Scopolla  v. Italy  the Court held that disenfranchisement of prisoners sentenced to terms of imprisonment of three years or more found to violate Article 3 of the First Protocol of the European Convention on Human Rights.

Currently, UK’s position on prisoner voting rights is legally not acceptable, as it imposes a blanket ban on prisoner voting rights with no qualification. The issue has been referred to the ECHR and Very recently a comprehensive debate was introduced in the House of Commons on February 2011. However, the thoughts of MP’s and the decisions in other common law jurisdictions would appear to suggest that morally domestic law on prisoner voting rights is acceptable. The majority was of the view that the position should remain unchanged.

Alternative Dispute Resolution

The legal system provides a necessary structure for the resolution of many disputes. However, some disputants will not reach agreement through a collaborative processes. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them.

The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. In the United States, litigation is facilitated by the government within federal, state, and municipal courts. The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.

Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of ADR. In the United States of America many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits.

Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states. ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.

Dispute resolution can also take place on-line or by using technology in certain cases. Online dispute resolution, a growing field of dispute resolution, uses new technologies to solve disputes. Online Dispute Resolution is also called "ODR". Online Dispute Resolution or ODR also involves the application of traditional dispute resolution methods to disputes which arise online.

Private Nuisance And Remedies

A private nuisance is a tort, that is, a civil wrong. To determine accountability for an alleged nuisance, a court will examine three factors: the defendant's fault, whether there has been a substantial interference with the plaintiff's interest, and the reasonableness of the defendant's conduct.

Fault means that the defendant intentionally, negligently, or recklessly interfered with the plaintiff's use and enjoyment of the land or that the defendant continued her conduct after learning of actual harm or substantial risk of future harm to the plaintiff's interest.

 To establish liability under a nuisance theory, interference with the plaintiff's interest must be substantial. Determining substantial interference in cases where the physical condition of the property is affected will often be fairly straightforward. More challenging are those cases predicated on personal inconvenience, discomfort, or annoyance. To determine whether an interference is substantial, courts apply the standard of an ordinary member of the community with normal sensitivity and temperament.

Reasonableness of Defendant's Conduct If the interference with the plaintiff's interest is substantial, a determination must then be made that it is unreasonable for the plaintiff to bear it or to bear it without compensation. This is a Balancing process weighing the respective interests of both parties. The law recognizes that the activities of others must be accommodated to a certain extent, particularly in matters of industry, commerce, or trade. The nature and gravity of the harm is balanced against the burden of preventing the harm and the usefulness of the conduct.

Redress for nuisance is commonly monetary damages. An Injunction or abatement may also be proper under certain circumstances. An injunction orders a defendant to stop, remove, restrain, or restrict a nuisance or abandon plans for a threatened nuisance. In public nuisance cases, a fine or sentence may be imposed, in addition to abatement or injunctive relief.

                                                 If you like this essay and want to know more about the private nuisance then please follow the following link:

http://legal-dictionary.thefreedictionary.com/Private+Nuisance