무역상무연구 (THE INTERNATIONAL COMMERCE & LAW REVIEW)
- 제58권
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- Pages.35-58
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- 2013
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- 1229-2036(pISSN)
FOB 계약(契約)에서 물품적합성조항(物品適合性條項)의 유효성(有效性) 문제(問題) -The Mercini Lady 사건(事件)을 중심으로-
Problems on Validity of the Goods Conformity Clauses in FOB Contracts
초록
In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18.
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