FOB계약의 다양성에 따른 당사자 책임에 관한 연구 - A Study on the Responsibility of Parties on the Various Types of FOB Contracts

  FOB contracts are sometimes divided into certain broad categories or classes, which depend on the duties undertaken by the parties in particular cases. Since these duties depend on the terms of each individual contract, the categories are almost infinitely variable.   For presentation purposes these differences are probably best reflected in the seller"s capacity while performing certain (additional) services, which according to the "strict" definition are regarded as the responsibility of the buyer. Where the seller undertakes these as agent of, and for and on behalf of the buyer, the latter assumes the cost and risk, and also the ultimate liability therefor. On the other hand, where the seller as principal undertakes these additional obligations, the position is reversed.   The seller personally bears responsibility therefor, and unless exempted by virtue of the operation of some legal doctrine (e.g., frustration, illegality, etc.) or protected by an appropriate exception clause, is therefore liable for any failure of performance.