So far as f.o.b. contracts are concerned, it was for long thought that, as a result of the decision of the Court of Appeal in H O Brandt & Co v H N Morris, the obligation to obtain an export licence was generally on the buyer.
It has also variously been suggested that the time when risk passes, or even when property passed, might be that time: Christian Twigg-Flesner and Rick Canavan, Atiyah and Adams' Sale of Goods, 14th ed. (New York: Pearson, 2020), p.
3 For general discussion of the legal rules governing the transfer of risk, see John Adams 81 Hector Mcqueen, ATIYAH'S SALE OF GOODS (12th ed., Longman Pearson: 2010) ;42—8; Ewan McKendrick, GOODE ON COMMERCIAL LAW, (14th ed., ...
The Sale of Goods