Question
You are the owner of a company called Super Wine. The company is based in Charleston, SC, and is well known for its incredible wine.
You are the owner of a company called "Super Wine. The company is based in Charleston, SC, and is well known for its incredible wine. Your wine is good because you only select the best grapes. Unfortunately, your main supplier of grapes was recently arrested for unknown reasons, and you need a new supplier of excellent grapes. Through networking, you found a new supplier called "VinMagic" in Menton, France. You immediately entered into a contract with "VinMagic." The essential terms were:
- 10000 Pounds of grapes
- C.I.F . Charleston, SC, or Savannah, GA
- Terms net cash
Shortly thereafter, "VinMagic" contacted you and stated that the goods were ready to be shipped. "VinMagic" indicated that they were expecting a full payment against documents. You thought it would be a good idea to get a sample of grapes to inspect/confirm the quality before you pay. "VinMagic" said no to inspection and, moreover, "VinMagic" ultimately refused to ship the grapes and claimed that "Super Winc has breached the contract. You are furious and the dispute ends up in a proper court.
While the lawsuit with "VinMagic" was pending, you had to fly to Switzerland to attend a seminar on repairing vintage watches (you are also an enthusiastic collector/repairer of vintage watches). During the flight from Atlanta, GA to Zurich, Switzerland, two passengers got in a heated argument about politics. The airline. "MoonAir," determined that the situation was getting very serious, and they needed to make an emergency lending in New York, NY to forcibly remove the two passengers from the plain, as they have refused to calm down. While forcibly removing the two passengers from the plane, the situation again got out of control. You, of all people, somehow got kicked in the right eye by someone, and were left permanently blind (very detrimental to your businesses with vintage watches). Also, another passenger, Ms. Earheart, started screaming as she was exiting the plane claiming that descent has caused pain in her left ear, and it was subsequently determined that she became permanently deaf. Both you and Ms. Earheart
decided to sue "MoonAir."
A. A. Based on the material learned in our class, who will win this case, "Super Wine," or "VinMagic?" Please be specific and please cite a proper legal authority to support your argument.
B. Based on the material learned in our class, who has a better chance of winning a case against "MoonAir," you or Ms, Earheart? Please be specific.
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