Posted: April 17th, 2017
Ressorp, Inc. in Japan agreed to sell 700 television sets to Reardon, a wholesaler, in the United States for US$ 144,417.00. Ressorp, Inc. and Reardon expressly agreed that Reardon would not pay for the television sets until Reardon both received and sold the merchandise in the United States. They also agreed that the merchandise would be shipped CPT Portstown in the United States and that Incoterms 2010 would govern. Ressorp, Inc. arranged to ship the goods with Oceanic Carriers, whose place of business is located in Beachtown, Japan. Ressorp, Inc. loaded the goods from its warehouse into a trailer and delivered the trailer to Oceanic’s freight depot in Beachtown. Several days later, the trailer was discovered to be missing and then it was found abandoned and empty. Reardon, the buyer, then sued Oceanic Carriers. The carrier challenged Reardon’s standing (right) to sue claiming that the original contract said Reardon had no liability to pay for the merchandise until after it was received and sold by Reardon. Therefore, Oceanic Carriers argued, it was the seller, Ressorp, Inc. who should have brought the suit, not Reardon. Is Oceanic correct? Explain why or why not.
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