Law · Commercial Law
Tim Ltd agrees to purchase a consignment of industrial refrigeration units from Henry Co. The contract is silent on the specific standards of packaging. During transit, the units are damaged because the packaging, while standard for domestic transport, was insufficient for international sea carriage. Under the CISG rules regarding conformity, which statement is correct?
- 1Henry Co is only liable if Tim Ltd specifically requested 'international standard' packaging in the written contract.
- 2The buyer, Tim Ltd, bears the risk as soon as the goods are handed to the first carrier, regardless of the packaging quality.
- 3Henry Co is in breach of its obligations because the seller must pack the goods in a manner adequate to preserve and protect them.✓
- 4Henry Co has met its obligations if the goods were fit for the purpose for which such goods are ordinarily used.
Correct answer
Henry Co is in breach of its obligations because the seller must pack the goods in a manner adequate to preserve and protect them.
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