Pyrene Co. Ltd

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Devlin J: “the f.o.b. contract has become a flexible instrument”.

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There are numerous variants of the f.o.b. contract. Devlin J grouped these as three classes for the purposes of definition:

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the strict f.o.b., the classic f.o.b. and the extended or additional services f.o.b.

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This classification was later approved by the Court of Appeal in The El Amria & The El Minia

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The distinction lies with the relationship the seller has to the contract of carriage.

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This determines the way in which the seller performs the obligation to deliver free on board.

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The question to be determined is who is principal to the contract of carriage (i.e. the buyer or the seller) and this is determined by who is named on the bill of lading.