where goods are sold in market overt according to the usage of the market, the buyer: acquires a good title to the goods
Escrow in international trade is a service that allows both seller and buyer to protect their individual interests in a transaction by placing the funds in the hands of a trusted third party until a specified set of conditions are met.
“The effect of such mistake is that the contract is usually void ab initio, i.e, from the beginning. Therefore, no property will pass under it and no obligations can arise under it”.
“Where a party was in breach of a term that was said to be fundamental to the contract, an exemption clause, no matter how wide cannot avail him”