Stark Industries, a company based in Yurp, concludes a contract for the sale of a tricorder

with Dream Park Pty Ltd, a purchaser based in Jumbostan. Tricorders are protected

inventions under the Paris Convention for the Protection of Industrial Property. The

contract includes an INCOTERM - being Delivered at terminal (DAT) - which provides

for delivery in Jumbostan at Port Valeria. The offer by Stark Industries is made by email

in which its electronic signature appears. Dream Park did not sign the contract but instead

replied with an international bill of exchange ordering Which Bank to make payment in

favour of Stark Industries or to its order.

Stark Industries concludes a transport contract with Wayne Enterprises, a shipping

company based in Yurp, for the delivery of the tricorder on a ship called Fishizzle. The

contract specifies that any disputes between the parties are to resolved under "general

principles of contract law in Yurp which are common to all States". Stark Industries also

concludes an insurance contract for the transport of the tricorder on the Fishizzle with

Frobozz International, an insurance company.

Wayne Enterprises gives to Stark Industries a bill of lading which states that the tricorder

had been properly shipped on the Fishizzle. Stark Industries then concludes a transport

contract with Alchemax, an aerial transport company, to deliver that bill of lading to

Dream Park Pty Ltd. Alchemax subsequently provides an air bill which acknowledges

that the document has been received. Unfortunately, Alchemax sends that air way bill via

local mail services which causes a delay in delivery of the air way bill to Dream Park Pty

Ltd by 7 days.

It also eventuates that Wayne Enterprises transhipped the tricorder from the Fishizzle to

another ship, the Marlin Monroe. Sadly, the Marlin Monroe caught on fire after water

entered its electronic system which meant that delivery of the tricorder occurred after the

date specified in the contract. Dream Park Pty Ltd ultimately receives the bill of lading

but refuses to pay because it could not take possession of the tricorder by the due date.

Giving reasons for your answers:

(i) from which company, if any, can Stark Industries claim payment or compensation;

(ii) before which court or tribunal could Stark Industries make that claim? and

(iii) what may be the applicable law ?