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Letter of Credit

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Submitted By ntyagi
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Letter OF Credit:
Case: Beyene sells to Mohammed Sofan. Sofan financed purchase from YBRD (Irvene Trust)
The documents for LC that is the bill of lading listed the party for shipping company to notify upon arrival of the houses as Mohammad and not Mohammed Sofan. Irvene refused to pay stating that there was discrepancy between the bill of lading and letter of credit.
Judgement: Court ruled in favor of Irevene .Does misspelling in case give right to Irevene to refuse to pay the LOC (Yes)
Reason supporting judgement: The issuing bank that acts as the confirming bank for the issuer takes on absolute duty to pay the amount of the credit to the beneficiary, so as long and the beneficiary complies with the terms of the letter. The appeals court agreed with the lower court stating that the misspelling in the bills of lading of Sofan’s name as Soran was a material discrepancy that entitled Irevene to refuse to honour the LOC. The misspelling of his name could have resulted in his non receipts of goods and his justification refusal to reimburse Irving for credit.
Documentary letter of credit defined. The documentary letter of credit is defined as (page 234)
Is letter of credit a contract?
Answer: LC does act like a promise from and issuing bank to a beneficiary and it seems to be treated like a contract and discussed in terms of principle contract of law. But it does not meet requirement for a contract as it does not come about through offer, acceptance or mutual assent, nor there is any requirement for consideration (page 235).
The Independence Principle of Letters of Credit (Page 235)
The independence principle states that the letter of credit is independent of the sales contract between buyer and seller, and it is independent of the contract between the buyer and his bank that issued the letter of credit. The issuing bank is not concerned with what the parties

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