The Seller's Duty To Furnish Documents To The Buyer

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The seller must furnish the buyer with the documents necessary to allow the buyer

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to obtain possession of the goods from the carrier on arrival of the goods at the port of destination (Mirabita, Yelo)

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The seller is prima facie responsible for the obtaining of the export licence

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even though he may not be the actual shipper.

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The duty is to use all 'best endeavours'

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to obtain the licence and failure to do so will frustrate the contract (Pagnan SpA)

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but the court will have regard to all of the circumstances

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to determine whether the seller should have this duty (Brandt, Pound)