Obtaining a bill of lading from the ship

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Reference no: EM131768743

Question: Seller in Sydney, Australia, agreed to ship goods on or before December 31 under a CIF Sydney contract to Buyer in Honolulu. The seller was unable to assemble the goods for delivery in time to reach the ship in Sydney and had to transship the goods by rail to Melbourne, where the ship was taking on goods on January 3. Seller did load the goods aboard railway cars in Sydney on December 29 and received a bill of lading from the railway company on that date. Seller later obtained a bill of lading from the ship, and together with an invoice and a marine insurance policy, tendered both bills of lading to Buyer. Buyer refused to accept the documents or to pay Seller. Seller sues to enforce the contract. Will Seller win?

Reference no: EM131768743

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