What is the governing law of the contract

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Reference no: EM132300654 , Length: word count:2500

Law Of International Trade Assignment Questions -

Question 1 -

A company with a principal place of business in Berlin, Germany ("German Co") enters into an international sale of goods contract for the sale of widgets with a company that has a principal place of business in London, England, UK ("English Co"). The contract is oral, but the parties agree that it is an INCOTERMS CIF contract. They also agree that the purchase price is US $4 million, which is to be paid by international letter of credit.

Critically explain what is the governing law of the contract and why. Students need to cite to appropriate statutes and/or treaties and/or conventions; case law; and legal journal articles in support of their answers.

Question 2 -

Refer to the facts from Question 1, which by this reference are made a part hereof as if fully incorporated herein.

One-quarter of the widgets English Co purchased from German Co are never delivered by the delivery date. One-quarter of the widgets English Co purchased from German Co are delivered, but they are found to be waterlogged and, therefore, they are not fit for the purpose for which they were purchased. One-quarter of the widgets English Co purchased from German Co are delivered, but they are found to have a manufacturing defect, and, therefore, they are not fit for the purpose for which they were purchased. Only one-quarter of the widgets English Co purchased from German Co are fit for the purpose for which they are purchased.

Assume that English Co can obtain personal jurisdiction over German Co in the courts of England and Wales and files a cause of action in the High Court in London. Critically explain what remedies, if any, English Co can obtain against German Co before litigation is filed and as a result of litigation being filed. Do not consider the Rome 1 or Brussels Regulations, if they apply. Students need to cite to appropriate statutes and/or treaties and/or conventions; case law; and legal journal articles in support of their answers. 20 Marks

Question 3 -

A company with a principal place of business in London, England, UK ("English Co 2") enters into an international sale of goods contract for the sale of widgets with a company that has a principal place of business in Berlin, Germany ("German Co 2"). The contract is oral, but the parties agree that it is an INCOTERMS CIF contract. They also agree that the purchase price is US $4 million, which is to be paid by international letter of credit.

Question 4 -

Refer to the facts from Question 3, which by this reference are made a part hereof as if fully incorporated herein.

One-quarter of the widgets German Co 2 purchased from English Co 2 are never delivered by the delivery date. One-quarter of the widgets German Co 2 purchased from English Co 2 are delivered, but they are found to be waterlogged and, therefore, they are not fit for the purpose for which they were purchased. One-quarter of the widgets German Co 2 purchased from English Co 2 are delivered, but they are found to have a manufacturing defect, and, therefore, they are not fit for the purpose for which they were purchased. Only one-quarter of the widgets German Co 2 purchased from English Co 2 are fit for the purpose for which they are purchased.

Assume that German Co 2 can obtain personal jurisdiction over English Co 2 in the courts of Germany and files a cause of action in the District Court in Berlin. Critically explain what remedies, if any, German Co 2 can obtain against English Co 2 before litigation is filed and as a result of litigation being filed. Do not consider the Rome 1 or Brussels Regulations, if they apply. Students need to cite to appropriate statutes and/or treaties and/or conventions; case law; and legal journal articles in support of their answers.

Question 5 -

A company with a principal place of business in Los Angeles, California, USA ("Californian Co") enters into an international sale of goods contract for the sale of widgets with a company that has a principal place of business in Dublin, Ireland ("Irish Co"). The contract is oral, but the parties agree that it is an INCOTERMS CIF contract. They also agree that the purchase price is US $4 million, which is to be paid by international letter of credit. They further agree that the SS Speedy Delivery will be chartered to deliver the widgets from the Port of Los Angeles to the Port of Dublin. Although the contract of affreightment is in writing, no clause within it states that time is or is not of the essence.

Critically explain what is the governing law of the contract of affreightment and why if (a) a bill of lading is not issued by the master of the SS Speedy Delivery and (b) a bill of lading is issued by the master of the SS Speedy Delivery. Students need to cite to appropriate statutes and/or treaties and/or conventions; case law; and legal journal articles in support of their answers.

Reference no: EM132300654

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5/7/2019 5:32:52 AM

Instructions: Need 2500 words. Share Grammarly report along with the solution. Directions There are five (5) questions each worth 20 Marks for a total of 100 Marks. EACH question MUST be answered. Students MUST label each answer as “1.”, “2.”, etc. Students MUST double-space their essay answers. The TOTAL word count for all five answers combined is 2,500 words.

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