Joseph Daniels, managing director of Joseph Daniels Pty Ltd, an Australian company, enters into a contract to supply 100 tonnes of frozen beef to Texmex Pty Ltd, an American firm. The beef is to be delivered to Texmex in San Francisco. When the beef is delivered to San Francisco, Texmex rejects the cargo, because approximately 10% has perished because of inadequate refrigeration. The contract did not deal with the question of when property in the goods passes. Texmex claims that doubt must exist as to the whole cargo, and rejects it totally, although in fact the remaining 90% of the beef is perfectly sound.

With reference to these facts, discuss the following:

(a) Does the Vienna Convention on Contracts for the International Sale of Goods apply to this contract?

(b) Assuming that the Vienna Convention does apply, what are the obligations of the seller under its provisions?

(c) Assuming that the Vienna Convention does apply, what are the rights of the buyer under its provisions?

(d) How would the parties to the contract ascertain whose beef it was that was delivered to San Francisco?