Essay about Law for International Trade - 3419 Words

BTW3201 International Trade Law Assignment 2 Jesse Cooper, 21476608 Part A: On the face of it, or prima facie there are three issues that are raised in this case. Firstly, the jeans were delivered late; secondly, the jeans were mouldy and stained; and finally, an incorrect number of jeans were delivered. In order to determine the rights and obligations of Punked Jeans, and which remedies could be availble, there are a number of steps to be taken. What are the governing laws of the case? The governing law of an international contract is important because is defines which domestic system of laws apply to the contract. The governing law is used in the case of disputes between the buyer and seller in the international†¦show more content†¦Issue 2 – Mouldy and Stained Jeans: The second issue in this case is that the delivered jeans were spoiled and mouldy. Prima facie the relevant laws are CISG Article 35, which specifies the seller’s obligations in providing conforming goods, and CISG Article 36, which specifies the seller’s liability for non conformity and the time risk passes, or occurs later as a result of a breach of obligations. Earlier it was shown that Punked Jeans did deliver the jeans, and therefore transferred the risk to SurfLife, at the point of delivery to the carrier, Feilong Transportation Company (Feilong). This means Punked Jeans has not breached Article 35 and 36 because the damage was caused after the goods had been delivered. Therefore Punked Jeans has no obligations to provide remedies for the mouldy and stained jeans and it would be up to SurfLife to make a claim against the carrier. Issue 3 – Incorrect Number of Jeans: The final issue between Punked Jeans and SurfLife is the incorrect number of jeans delivered. Punked jeans delivered only 14,000 pairs of jeans total, including 2,000 XXL size, which is double the amount that was ordered. Prima facie and incorrect number of jeans breaches CISG article 35, to provide conforming goods. As the goods were nonconforming when they were delivered to the carrier it would appear that Punked Jeans would be in breach. Feilong did provide a clean BillShow MoreRelatedCommercial Law And International Trade Law Essay850 Words   |  4 PagesI have chosen a career in commercial law due to several reasons.Firstly,I thoroughly enjoyed Law of Contract in first year and am thoroughly enjoying Land Law and International Trade Law in second year.I can see myself working in these and similar areas of law for the rest of my life. 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