Question
Company A, a Singapore company, signed a contract with Company B, which is a British company. Under the contract, Company B, as the seller, is
Company A, a Singapore company, signed a contract with Company B, which is a British company. Under the contract, Company B, as the seller, is obliged to deliver 100,000 new books to Company A, as the buyer, on or before 30 June 2020. It is expressly stated that the contract is governed by the "relevant international legislation" without mentioning any specific law. The contract also does not exclude the application of any specific law and convention.
On 30 June 2020, Company A received the delivery from Company B. However, Company A found that 10,000 books were missing from the delivery. Company A also found that 20,000 books were damaged and could not be used. Therefore, Company A requested Company B to deliver 30,000 new books on 1 July 2020. Company B rejected the request with the reason that the outbreak of COVID-19 disrupted the operations of the printing companies and thus, Company B could not deliver 30,000 new books to Company A
Question) Assuming the CISG is applicable to the current case, give your views as to whether Company B, as the seller, is obliged to deliver 30,000 new books to Company A under the contract and the CISG. You should provide the relevant provisions of the CISG and case authorities to support your answer.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started