Ex. 2. A. Check your knowledge by matching the words in the table with their definitions below

B.

Carriage by sea

Common Carriers

Private Carriers

Carriage on land

A.

legal process, receipt, Act of God, Bill of Lading, to reserve the right, destination, fault, document of title, contract of affreightment, to impose, to carry goods, charter party, to be liable for, shipowner, insurer, inherent vice, vessel, negligence

Carriers of goods by road or rail may be classified as either ‘private’ or ‘common’.

A private carrier is one who ¹⁾ ______ to accept or reject requests for carriage whether or not this vehicle is full. A private carrier is (subject to any express terms of the contract) only ²⁾ ______ loss or damage he has caused it negligently.

A common carrier is one who offers ³⁾ ______ or passengers for anyone who wishes to engage him. He cannot refuse custom offered to him at a fair price unless he has no space, because his vehicles are full, or the goods are of a kind which he does not profess to convey, or the ⁴⁾ ______ is not on his normal route, or the goods are not properly packed, or are of a dangerous type. A common carrier is only liable in relation to passengers if he is negligent.

The law ⁵⁾ ______ a greater obligation upon common carriers regarding the goods than it does upon a private carrier. In effect a common carrier’s liability is that of an ⁶⁾ ______. Thus, subject to any expressly agreed exemption clauses, he is liable for any loss or damage, even if it not his ⁷⁾ ______. This strict liability rule has five exceptions:

i. ⁸⁾ ______. i.e. Loss due directly and exclusively to natural causes without human intervention, and which could not be reasonably foreseen and guarded against.

ii. Act of the Queen’s enemies i.e. a hostile foreign government, and not merely robbers or violent demonstrators.

iii. ⁹⁾ ______ of the consignor, for example if the packing is defective.

iv. ¹⁰⁾ ______ in the goods.

v. Seizure under a ¹¹⁾ ______.

A contract to carry goods by sea is known as a ¹²⁾ ______. There are two types of contract of affreightment: a ¹³⁾ ______, where the goods form part only of the cargo of the ship and a ¹⁴⁾ ______, which consists of renting the whole ship.

Bill of Lading is a document signed by the ¹⁵⁾ ______, stating that certain goods have been shipped on a particular ¹⁶⁾ ______, and setting out the terms on which the goods have been delivered to and received by the ship-owner.

A bill of lading, when signed and handed to the captain is:

i. Evidence of the terms of the contract of carriage;

ii. ¹⁷⁾ ______ given by the carrier for the goods delivered to him; and

iii. ¹⁸⁾ ______ to those goods.

buyer, due, in full, premises, recover, seller, solvency, supplied, value

The ownership of the goods ¹⁾ ______ to the buyer shall remain with the ²⁾ ______ until payment ³⁾ ______ for all the goods shall have been received by the seller in accordance with the terms of this contract or until such time as the ⁴⁾ ______ sells the goods to its customers by way of bona-fide sale at full market ⁵⁾ ______. If such payment is overdue in whole or in part, the seller may ⁶⁾ ______ or resell the goods or any part of it and may enter upon the buyer’s ⁷⁾ ______ for that purpose. Such payment shall become ⁸⁾ ______ immediately upon the commencement of any act or proceeding in which the buyer’s ⁹⁾ ______ is involved.

auctioneer, broker, representative, del credere agent, retailer, distributor, agent/factor, stockbroker, dealer

1. A(n) ______ isa person or organisation who acts on behalf of a principal in order to sell the principal’s goods or services to third parties.

2. A ______ brings together a seller and a client. For this service he/she is paid a commission called brokerage.

3. A ______ is someone who has arranged with one or more suppliers to sell a product. Не/She is not strictly speaking an agent because he/she buys and sells the goods for himself/herself and not as the representative of a principal.

4. А ______ issomeone who buys goods (often in quite small quantities) from a wholesaler and then sells them to consumers.

5. A ______ implies a one-person operation of buying and selling for individual profit.

For example, we may refer to him/herinhorses, in antique furniture or in art. He/She is not likely to buy from a wholesaler though he/she may buy goods in bulk at an auction or clearance sale. This wordis also used to describe someone who buys and sells securities on his/her own account.

6. A ______ is a member of a sales team and is employed to travel from one place to another in order to encourage potential customers to buy. The synonym sales engineer isnow seen quite frequently.

7. A(n) ______ is a person who sells goods at a public auction.

8. A ______ is a person who guarantees to his principal that the purchases he finds will pay for goods sold to them.

9. A ______ is a member of the Stock Exchange who has an implied authority to make contracts for his principal in accordance with the rules of the Exchange.

B. Which of these are incorrect?

car dealer, sole distributor, company rep, stockbroker, car retailer, sole agent, insurance broker, insurance retailer, car representative, sole retailer, company dealer, foreign exchange dealer.

Ex. 3. Insert the correct prepositions.

The contract ¹⁾ ___ sale stipulates (²⁾ ___ ___ the object ³⁾ ___ the agreement (the goods) the price and the terms ⁴⁾ ___ delivery (price and transport clauses), which constitute the framework ⁵⁾ ___ the subsequent agreements ⁶⁾ ___ on financing, insurance and transport.

⁷⁾ ___ accordance ⁸⁾ ___ the responsibilities ⁹⁾ ___ the parties ¹⁰⁾ ___ respect ¹¹⁾ ___ the expenses ¹²⁾ ___ delivery and the risks ¹³⁾ ___ accidental damage ¹⁴⁾ ___ or loss ¹⁵⁾ ___ the goods there may be various terms ¹⁶⁾ ___ delivery.

Details ¹⁷⁾ ___ mutual obligations ¹⁸⁾ ___ counterparts referring ¹⁹⁾ ___ terms ²⁰⁾ ___ delivery are given ²¹⁾ ___ the official issue ²²⁾ ___ the Incoterms, which determines the meaning and effects ²³⁾ ___ certain transport clauses used ²⁴⁾ ___ international trade. Over past years certain transport clauses have been adapted ²⁵⁾ ___ the demands caused ²⁶⁾ ___ container transportation, the so-called Combiterms.

Most frequently used terms ²⁷⁾ ___ delivery ²⁸⁾ ___ international trade are CIF (cost, insurance, freight) and FOB (free ²⁹⁾ ___ board). A c.i.f. price includes the sums paid ³⁰⁾ ___ insurance and freight (and all other transportation expenses ³¹⁾ ___ ___ the place of destination), which an fob price does not.

Ex. 4. Translate the following word-combinations using your active vocabulary.

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