Answered step by step
Verified Expert Solution
Question
1 Approved Answer
How would a court resolve the following disputes under CISG? 1. Your American textiles company circulates a catalogue featuring a type of flame-resistant industrial fabric;
How would a court resolve the following disputes under CISG? 1. Your American textiles company circulates a catalogue featuring a type of flame-resistant industrial fabric; your price is listed as $25 per square meter. A Dutch importer sends you a purchase order for 1000 square meters. However, the day before you received that order you decided to raise your price to $30 per square meter. You send the Dutch importer a Confirmation of Purchase Order listing the price at $30. The Dutch importer objects and insists that you conclude the sale at $25 per meter. 2. A German fashion retailer and an Italian clothing manufacturer concluded a contract for the sale of various fashion goods. The contract contained no choice of law clause. The buyer refused payment, alleging to have notified the seller within eight days after delivery (and twelve days after a second delivery) of "poor workmanship" of the goods. 3. A German fashion retailer and an Italian clothing manufacturer concluded a contract for the sale of fashion goods, with the specification "autumn goods, to be delivered July, August, September +-". When a first delivery was attempted on 26 September, the buyer refused to accept the goods and returned the invoice on 2 October claiming expiry of the delivery period. The parties argued about the meaning of the above specification, relying on different additional factors allegedly known to both parties. 4. A Canadian company ordered zippers from a Korean seller and during price negotiations the buyer informed the seller that the zippers were for use on a special backpack for fishing enthusiasts, so the zippers had to be especially waterproof. Ordinarily, this kind of zipper does not need to be waterproof. As it turns out, the zippers were not waterproof. However, the contract did not specifically mention that the zippers had to be waterproof. 5. The contract specifies that delivery will be to the buyer's warehouse in the month of June. On June 2nd, the seller's trucks pull up the warehouse, but nobody is there to receive them because the buyer's warehouse personnel are on strike. The seller's carrier leaves the containers waiting outside the buyer's warehouse, where they sit for two weeks as the strike drags on. When the strike is over, the containers are brought in, but the goods have been damaged by rain. The buyer sues for delivery of nonconforming goods
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