You are working for HOANG HAI LTD. CO. (VIETNAM).

On 23 May 2019, your company signed an agreement with LEE HUANG LTD. CO. (SINGAPORE). The main contents of the agreement are as follows:

- Hoang Hai Ltd. Co. would export a consignment of product X to Lee Huang Ltd. Co. once every three months (starting from the third quarter of 2019).

- Method of payment: irrevocable L/C.

- Force Majeure: "In the event, either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes."

- Delivery date: the fifteenth day of the last month of each quarter.

- Penalty: 150% value of each transaction if

(a) Late payment without acceptance of exporter;

(b) Late delivery without acceptance of importer.

On 15 June 2019, Hoang Hai Ltd Co. signed a Time Charter Party (6 months) with Thanh Cong Shipping Co. and signed a contract to hire a captain (Fan Ming Zhe, Mr.) from Minh Phuoc Co. (6 months).

On 1 Sep 2019, Hoang Hai Ltd Co. despatched product X to 3 companies in Singapore and informed all four to receive the product at Singapore port on 15 Sep 2019:

(1) Lee Huang Ltd. Co. (consignment valued at US$ 120,000)

(2) Huang Ming Ltd. Co. (consignment valued at US$ 100,000, deposit 30%)

(3) Ming Wang Ltd. Co. (consignment valued at US$ 200,000, prepaid)

On 8 Sep 2019, while running the ship, the captain saw abnormal climate condition and predicted that there would be a storm. Hence, he threw 1/3 product X of Ming Wang Ltd Co. into the sea so as to move quickly to an island in front. Luckily, there was no storm, but heavy rains for 2 days. On 17 Sep 2019, the ship came to Singapore port.

Question:

(1) Lee Huang Ltd. Co. refused to receive the consignment due to late payment and asked for a penalty. The representative of Hoang Hai Ltd. did not agree, stating that late delivery had occurred due to Force Majeure. Who is correct? Why?

(2) Ming Wang Ltd. Co. asked for compensation for the lack of 1/3 product X and a related fee of $5,000 (without the bill, but having email of negotiation with other parties). The representative of Hoang Hai Ltd. stated that Ming Wang had to ask Minh Phuoc Co. for compensation because the captain was an employee of Minh Phuoc Co. Who had to pay for compensation? Why? How much did Ming Want Ltd. Co. get?

(3) Huang Ming Ltd. Co. came to get the product on 18 Sep 2019 and figured out the damage of the product X (US$30,000) when the representative put the product X in stock. Thus, Huang Ming Ltd. Co. asked Hoang Hai Ltd. Co. for compensation. Could Huang Ming Ltd. Co. succeed in getting back the compensation for the damage? Why?