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香港法院审理案件中的法律论证过程 ——以United Phosphorus LTD v. China Merchants Shipping & Enterprises Co Ltd 上诉审为例/陈汉瑛(19)
I have not overlooked Mr Sussex's point that it was the negotiating bank which acted in reliance on the statements contained in the "bills of lading". The issuing bank in turn paid the negotiating bank pursuant to the inter-bank engagement contained in the letter of credit. The Plaintiff paid the issuing bank pursuant to an independent engagement undertaken when it applied for the issue of the letter of credit. Thus, the reliance on the statements contained in the documents which purported to be the bills of lading was that of the negotiating bank on the mainland. On the other hand, the letter of credit had been opened on the Plaintiff's instructions, and payment under the letter of credit would not have been made (despite the independent engagement undertaken by it) if the Plaintiff had known that the documents which purported to be the bills of lading (which they must have known had been tendered to the negotiating bank) had contained false statements. It is therefore strongly arguable that the reliance on the statements contained in the documents which purported to be the bills of lading was that of the Plaintiff, and that therefore that reliance took place in India.


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