Thursday, June 13, 2019
Analysis of International Business Law Cases Assignment
Analysis of International Business Law Cases - Assignment ExampleWith go through to the first legal issue, because no agreement was made between the parties either as prior verbal agreements in interpreting the contract and upon writing of the contract, and on the use of any trade terms regarding the sales pitch of goods and on the passage of luck, obliges 31, 32 and 67of the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies. According to Article 31, which outlines the obligations of the seller Thus, mellow, upon delivering the wine to S.S. Minnow for delivery to Ambrosia and identifying it as belonging to Tippler with the appropriate shipping documents and markings has concluded his end of the dealings and the risk, as depict in Article 67 states that (1) If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over t o the first carrier for transmission to the buyer in accordance with the contract of sale. (Article 67), has passed to Tippler.Thus, the lack of terms of trade in the contract makes Tipplers defense, stating that the risk has not passed, to have little chance for success because Mellow concluded his obligations to the contract upon delivering the shipment to S.S. Minnow in Small Port. Furthermore, the position that the goods were lost at sea indicates that the damage occurred after the risk was passed, strengthening Mellows case. However, even though Tipplers defense is weak with little chance for success, Grape, the country where Mellow filed the lawsuit, has no jurisdiction over the case. While the contract between the two parties was not clear in identifying the terms of trade for the transaction, it was clear in stating that disputes regarding the transaction will be heard in the courts of Ambrosia designating the CISG as its governing law. This accords the jurisdiction for the case to courts in Ambrosia and not Grape. Furthermore, since no place of delivery was properly ascertained, there is no definite place of performance that can be identified, aside from the one mentioned in the contract to choose the appropriate court.
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