CIF学术讨论,英文的

CIF学术讨论,英文的
Saul bought a large quantity of sugar 'Cif Cape Town South Africa’ from Tamar.Tamar was delighted with the sale because a sale she had previously agreed with someone else had just been cancelled for no reason and the goods were already on their way to Cape Town.The bills of lading showed Tamar as shipper and were ‘order bills’.While the goods were still in the ship on their way to Cape Town Saul agreed,to sell the goods Cif to Bathsheba,‘cash against documents’ in Cape Town.A few days later Bathsheba was talking to Absalom who was an agent for the carrier in Cape Town about delivery times.She mentioned that she had previously bought goods from Tamar and would never buy goods again which had any connection with her.Absalom was worried because he thought that there might be a dispute when Bathsheba discovered that Tamar had been the shipper and that this might delay unloading in Cape Town.He contacted Saul and suggested Saul should send the three bills of lading to the carrier’s office in Cape Town and that he (Absalom) would take them round to Bathsheba and arrange for payment to be made to Saul’s bank in London.Saul gratefully agreed.Absalom quickly printed off three new bills of lading which named Saul as the shipper.Absalom arranged to meet Bathsheba two days after the goods had been unloaded.At the meeting Absalom offered one bill of lading to Bathsheba and asked for payment.
Question 1 (40% of the marks available for this assignment) Can Bathsheba reject the bill of lading and refuse to pay?At this point you should ignore any rights she may have because the bill of lading incorrectly names Saul as the shipper.
Question 2 (60% of the marks for this assignment) Bathsheba decided to accept the bill of lading and paid the purchase price which Absalom credits to Saul’s bank.Bathsheba then discovered that Tamar had been the shipper.At the meeting with Absalom Bathsheba had not noticed when she had examined the bill of lading that although the bill named Saul as the shipper it also stated ‘’Goods received from Tamar and shipped on board in apparent good order and condition…"
What claims does Bathsheba have and what are her remedies?

(40分题) She (Bathsheba) cannot reject the B/L and refuse to pay,as far as the mistake that the bill of lading incorrectly names Saul as the shipper is ignored,as she had agreed to buy the goods from Saul,and her agreement is made before mentioning to Absalom her intention not to buy goods again which had any connection with Tamar.
(60分题) As stated in 1.Above,there is no fault of Saul to sell the goods to Bathsheba before he accepted Absalom’s suggestion to reprint the B/Ls.But the deed of Saul & Absalom in reprinting the B/Ls did constitute a commercial fraud which shall be panelized as per relevant rules and regulations as in force in South Africa or other rules internationally accepted.In the case Bathsheba agrees not to sue S & A,she might get some sort of discount or other offers from S & A as remedies.
【个人观点,仅供参考】
再问： 谢谢，有什么具体的案列作为凭据呢？因为之前肯定有这种情况的案列分析，跪求，最好是英文的
再答： Sorry. It is just a personal reasoning. I do not know a specific case similar to this one. Please try to search the web.