Frigaliment (Plaintiff), a Swiss corporation , entered into contracts to purchase chicken from BNS International Sale Corporation (Defendant), a New York corporation. The English language contracts between them stated: " US Fresh Frozen Chicken, Grade A, GovernmentInspected, Eviscerated 2 1/2-3 lbs. and 1 1/2-2lbs. each all chicken individually wrapped in cryovac, packed in secured fiber cartons or wooden boxes, suitable for export: 75000 lbs. 2 2/2-3 lbs. 2 1/2-3 lbs at 33$; 25000 lbs. 1/2-2 lbs at 36.50."

When the chicken were shipped to Switzerland, Plaintiff found 2-1b sizes were mature stewing chicken or fowl, but not young broiling chickens as they had expected. Plaintiff protested and claimed that in German the term "chicken" referred to young broiling chickens. Defendant pointed out the reference to "US fresh frozen chicken, grade A". The USDA defined the term " chicken" as subsuming different grades of chicken, including broilers and fowl, as well as other types such as capons, stags and roosters.

Q(20%):

1. Which law should be applied in the case ? Explain.
2. Write down the principles you know about the contract interpretation.
3. If you were the judge, what kind of Chicken did plaintiff order? Was it " broiling chicken" as the plaintiff argued, or any chicken weighing 2 lbs as the defendant insisted on?
4. What can you infer from the case What would the parties have done to avoid the ambiguities?