Fashions (Pty) Ltd, a company incorporated according to the laws of South Africa and its main place of business in Durban, concludes a contract with Moda SRL, an Italian company with its registered place of business in Milan, in terms of which Fashions purchases designer clothing from Moda to the value of 1 million. The goods are to be delivered Free on Board (FOB) port Genoa (Italy). Payment has to take place by means of a confirmed letter of credit. The goods are delivered as per the terms of the contract, but Fashions fails to pay the purchase price. Moda institutes a claim for breach of contract against Fashions in the Kwa Zulu Natal High Court, Durban.

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