Documenti di Didattica
Documenti di Professioni
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Credit Risk,
Intellectual Property Risk,
Foreign Exchange Risk,
Ethics Risks,
Shipping Risks,
Country and Political Risks
3. What is the role of contracts in trade? What is the difference between a valid, void, void able,
unenforceable or illegal contract?
Ans. The contract ensures the buyer his rights in securing the goods and ensures the seller his rights in
collecting payment for those goods.
Void Contracts
Features of a void contract
Voidable Contracts
Voidable contracts have the following features.
Parties are legally responsible for performance in the contract. If one party commits breach of contract,
the other can take the case to court.
Unenforceable Contract
An unenforceable contract is a contract which cannot be enforced in a court of law. This could happen
because the terms of the contract are ambiguous, if one party has a voidable contract or if the Statute of
Limitations has expired
Illegal Contract
An illegal contract is a contract that was made for an illegal purpose and, consequently, violates the
law. Contracts are illegal if the performance or formation of the agreement will cause the parties to
engage in activity that is illegal
4. What is the significance of the Sale of Goods Act and explain how it protects a consumer?
Ans. The Sale of Goods Act applies to any contract where one person sells goods to another. From a
teapot to a car, the goods in question can be any kind of personal property. These contracts of purchase
and sale don’t have to be and often aren’t in writing. Most of the time they are verbal or implied from
the conduct of the buyer and seller. Contracts generally contain terms and conditions. These can either
be express, meaning that they’ve been discussed and agreed by the parties, or implied, meaning that
they are automatically inserted into the contract by operation of law.
The doctrine of Caveat Emptor is an integral part of the Sale of Goods Act. It translates to “let the buyer
beware”. This means it lays the responsibility of their choice on the buyer themselves.
Limitations
Fitness of Product for the Buyer’s Purpose
Goods Purchased under Brand Name
Goods sold by Description
Goods of Merchantable Quality
Sale by Sample
Sale by Description and Sample
Usage of Trade
Fraud or Misrepresentation by the Seller
6. What are common methods of making or receiving payment in international trade and the
pros and cons of each.
Methods
Cash-in-Advance
Letters of Credit
Documentary Collections
Open Account
Cash in advance
Pros
Cons
Letters of credit
Pros
Time-consuming formalities
Possibility of misuse – fraud risk
Currency risk
Time bound
Risk of default by issuing bank
Documentary Collection
Pros
Cons
Open Account
Pros
Very low-risk option for your customer, since they receive the goods before paying for them.
Offering open account terms will make you more competitive
Cons
The biggest risk with open account is getting paid late, or not getting paid at all.
If the customer doesn’t pay, you may also incur costs trying to collect on the debt in addition to
the loss.