Case
Convention on the International sales of Goods - Case Resolution
1 Facts
Buyer and Seller entered into a contract for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on January 2: "Anxious to take delivery of the computer. Hope that it arrives by February 1." Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach.
Questions
Taking into account the fact that the agreement between the parties is regulated by the articles of the CISG, please indicate which party is right, on which ground and which damage is to be paid to whom, if any.
Your analysis and decision need to include the following:
1. Applicability of the CISG;
2. The rules on the goods;
3. Formation of the contract;
4. The buyer´s and seller´s obligations;
5. Analyze the case from the seller´s and buyer´s potential arguments;
6. Remedies of the seller and of the buyer;
7. Lack of conformity of the goods;
8. Avoidance of contract and damages;
9. Defenses;
10. The applicable law and jurisdiction and any other legal elements that you can think of.
Case 3
Transportation of Goods - Case resolution
1. Facts
Seller agreed to ship 15,000 tons of dates CFR Port of RasTanura, Saudi Arabia, to Buyer in England. Buyer designated the SS Tanura to take delivery at pier 5 in Port of RasTanura. On the agreed date for delivery, Seller delivered the dates to pier 5, but the ship was not at the pier.
Because another ship using the pier was slow in loading, the Tanura had to anchor at a mooring buoy in the harbour and Seller had to arrange for a lighter to transport the dates in containers to the ship. The lighter tied up alongside the Russet and a cable from the ship's boom was attached to the first container. As the container began to cross the ship's rail the cable snapped. The container then fell on the rail, teetered back and forth for awhile, and finally crashed down the side of the ship and capsized the lighter. All of the dates were dumped into the sea.
Buyer now sues Seller for failure to make delivery. Is Seller liable?
Suppose, in question 1, the contract had been CIF RasTanura. Would Seller be liable?
Questions
Apply the CISG to the above contract between Buyer and the Seller.
Your analysis and decision need to include the following:
1. Applicability of the CISG;
2. The rules on the goods;
3. Formation of the contract;
4. The buyer´s and seller´s obligations;
5. Analyze the case from the seller´s and buyer´s point of view;
6. Remedies of the seller and/or of the buyer;
7. Lack of conformity of the goods;
8. Avoidance of contract and damages;
9. Defenses;
10. The standard provisions and any other legal elements that you can think of.