Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Plastic Makers Limited is a company based in Winnipeg, Manitoba, Canada. It entered into a contract to purchase plastic molds from Excellent Plastics, a company

Plastic Makers Limited is a company based in Winnipeg, Manitoba, Canada. It entered into a contract to purchase plastic molds from Excellent Plastics, a company based in Prague, Czech Republic. Under the contract that both companies signed, Excellent Plastics was to supply 2,000 plastic molds to Plastic Makers at the cost of 1 Million USD. Excellent Plastics, while it has its head office in Prague, Czech Republic, also has a production facility in Budapest, Hungary and a sales outlet in Alabama, United States. In the contract that the two companies signed, there were clear specifications regarding the packaging and standards of the plastic molds. The molds were also required to be delivered at a specific time. Plastic Makers have filed a suit in the Manitoba Superior Court against Excellent Plastics resulting from this transaction. In the claim, Plastic Makers alleged that Excellent Plastics breached the contract to supply the molds according to the packaging and standard specified in the contract. Plastic Makers also allege that Excellent Plastics breached the warranty as to the fitness of the molds. Furthermore, Plastic Makers allege that the molds were not delivered at the time specified under the contract. While Canada, Czech Republic and United States of America are all state parties to the United Nations Convention on International Sale of Goods, (CISG) the parties to this contract did not indicate the law to govern the contract or the court that will exercise jurisdiction in the event of a dispute. Answer the following questions: [1] Article 1 of the CISG stipulates two conditions under which the Convention can apply in a sale of goods transaction, what are the conditions? (10 Marks) [2] Since Plastic Makers and Excellent Plastics did not choose any law to govern their contract, what law should the Manitoba Superior Court apply in deciding this case? (10 Marks) [3] Assume that Plastic Makers are able to prove their case against Excellent Plastics and that the CISG applies to the contract, what remedies could Plastic Makers be entitled to under the CISG? (10 Marks)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Project Management in Practice

Authors: Samuel J. Mantel Jr., Jack R. Meredith, Sco

4th edition

470533013, 978-0470533017

More Books

Students also viewed these General Management questions