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CASE IV A Japanese seller and a US buyer entered into several contracts for the sale of chicken products. The shipment dates were expressly established

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CASE IV A Japanese seller and a US buyer entered into several contracts for the sale of chicken products. The shipment dates were expressly established in each order as follows: No. 38268 - 38297: 41 24/ 06 + 1 - 2 weeks; No. 38298 - 38327: 5/ 1106 + 1 - 2 weeks; No. 38328 38353 : 5/ 8/ 06 +1 - 2 weeks; No. 38354 - 38379 : 5/15/ 06 + 1 - 2 weeks. The contracts provided that the chicken would be delivered no later than 29 October 2006. An avian flu outbreak prompted the US to ban all chicken imports not certified as of 7 November 2006. The seller was late to ship for every installment, and failed to certify all chicken imports on time. The buyer suggested that the seller ship the balance to a port outside the US, but the seller refused, arguing that the US ban constituted a force majeure event which rendered the contract void. Ultimately, the seller sold the undelivered goods to another buyer at a substantial profit. CASE IV A Japanese seller and a US buyer entered into several contracts for the sale of chicken products. The shipment dates were expressly established in each order as follows: No. 38268 - 38297: 41 24/ 06 + 1 - 2 weeks; No. 38298 - 38327: 5/ 1106 + 1 - 2 weeks; No. 38328 38353 : 5/ 8/ 06 +1 - 2 weeks; No. 38354 - 38379 : 5/15/ 06 + 1 - 2 weeks. The contracts provided that the chicken would be delivered no later than 29 October 2006. An avian flu outbreak prompted the US to ban all chicken imports not certified as of 7 November 2006. The seller was late to ship for every installment, and failed to certify all chicken imports on time. The buyer suggested that the seller ship the balance to a port outside the US, but the seller refused, arguing that the US ban constituted a force majeure event which rendered the contract void. Ultimately, the seller sold the undelivered goods to another buyer at a substantial profit

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