Consider the well-known story of the Titanic, the ‘unsinkable ship’. Imagine there was cargo travelling on this ship under the default term CIF Incoterm 2010. Answer the following specific questions concerning the CIF cargo consignment on board the Titanic: 1. Can the buyer legally demand a contractual arrival date from the seller? 2. Whose legal problem is it that the goods have not arrived in New York – the seller’s or the buyer’s? Why? 3. If the ship had not sunk, but had been re-routed to Mexico, which caused delays, who legally pays for those costs? Who is legally at risk? 4. As the ship did sink, is the seller at liberty to accommodate this unfortunate event by sending replacement cargo on another vessel? Your answer(s) should set out your reasoning, any assumptions you have made and, where appropriate, you should refer to the relevant Incoterm provision and to any other relevant sources that support your position.
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