International Commercial Law Assessment Free Samples for Students

Questions: 1.Identify and Examine briefly specific laws, international standards and Judicial decisions that can be relevant to adequately deal with those Issues.2.Advise Aumit and Aron about their Prospects of success by referring to those legal Issues and relevant standards and Judicial support. Answers: Introduction The dealing of the law of international contract is done on the basis of International Commercial law. In case of commercial transactions in the international business contract is executed with different companies between two countries. For this type of contract, Contracts for the International Sale of Goods is formed under the contract law[1]. The contract for international sales of goods can be done with international countries like Australia, Canada, Argentina, Egypt, China, France, Iraq, Germany, Italy, Mexico, Japan, Korea, Russia, Singapore and USA. Facts In this case scenario of the assignment, it is described that the contract was signed between Aron and Aumit who deliver containers to Panacia and Paragon ports of Grace. The container belongs to Oxfam products. When the material was taken to sea voyage, suddenly explosion resulted which result in loss[2]. The containers lost and some are destroyed. Grace has made contract of sales of goods with another country and it is the reason which lead to conflict with Grace by other countries. Legal action was taken against Aron by Aumit and Aron counter argued on the allegations by proving it legally which is described in the assignment. 1.Contract was in place between Aron and Aumit. As Aron has failed to exercise the due diligence for maintaining the condition of the ship, so according to Article. 25 of Contracts for the International Sale of Goods breach of fundament have been done by Aron to maintain the safety of the containers in the ship. Secondly, he delayed on delivering the products and unreliable report was given to him, so under Article 38 and 39 breach of timely inspection is done and timely delivery is not done, so in this case right to complain about non conformity can be done by Aumit against Aron. Thirdly evidence was found that Oxfam container was near the engine room, adequate level was lacking in the master to handle the ship. So under Article 79 of Contracts for the International Sale of Goods the sellers act was breached because of his non performance which is foreseeable in the contract[3]. So as per Article 74 of CISG damages can be claimed with the slipping charges for return of goods from th e seller[4]. As per Article 75, damages can be mitigated by Aumit from Aron. Aron can counter appeal on the cases given to him by several perspectives. Aron can counter that he had not breached the time of the work. If he tried to deliver the product in time without saving the self motivation initiative then there would be a problem in breach of self port obligation. It is the rules of CISG to make contract with both the parties in convention to business. But according to sales of goods act, conflicts have been raised in the rules of sales goods act. It is necessary that all the rules of the articles should be fulfilled by both the parties Aumit and Aron. The execution is found on the authority of the goods of sales. It is necessary that application of rule 2 is needed to be fulfilled through which the necessary rules of sales of goods act should be covered. As both were from two different countries, so International Commercial contract has been made between both the parties. The contract is done between containers to Paragon and Panacia ports of Grace. The legal complexities have been raised because of water entered in the containers because of the worse condition of the operation of the ship. Here fault lies with Aron because he has not placed the goods in proper place and as the products were near the engine room so it got damaged after the blast. Aumit has loss o he can claim according to Article 74 and 75 of sales of goods act. Here duty of care is breached by Aron because he did not keep the products safely. He did careless act or negligence by not keeping the containers far from the engine room. Even the products were delivered after two weeks of the delivery date[5]. On the other ground it can be said that, the explosion was not in the hand of Aron but he should have taken possible chances through which obligation could have been tackled. According to article 7 (1) promotion of uniformity is needed to be maintained. According to article 14 it is suggested that quantity and quality of the product is needed to be maintained but Aron breached this section because he could not maintain the quality of the product which was destroyed in explosion. According to article 55 a contract was made in an implied way which is done between both the parties. According to Sale of goods (Arts 25-66) it is necessary that conformation should be done on the stipulated approach which is based on the packaging of the product. There are remedies of CISG there are specification objected which has been fundamentally breached by Aron. Aron has not maintained the legal rules of the sales of goods which is the reason that conflict occurred between two countries. It is necessary that rules of the Contracts for the International Sale of Goods are needed to be maintained in the term of the application of agreement made between Aron and Aumit. The international standard of the law discuss that if any accidental case occurs then it is hard to maintain the principle of the law, specify because of the breach of rules of the contract of CISG. It is necessary that sales of goods is needed to be maintained properly through which the rules of sales of goods are needed to be maintained. As per Article 77 breach of contract is done by Aron by not fulfilling the rules of the contract. It is necessary that when a business contract is done then it is necessary that rules of Contracts for the International Sale of Goods are nee ded to be followed so that no issues are created when the contract is made[6]. 2.As Aumit is a buyer of the agreement, so he can apply some of the buyers remedies. As per article 46 it can be requested by him to the seller (Aron) to perform authentic service in delivering the products to him. According to article 47, it is necessary that additional time is needed to be given for the work[7]. As the contract rules are not followed appropriately, so the contract can be avoided by him as per article 49. According to Article 72 Aumit can terminate the contract in the terms of fundamental breach. According to Article 74 Aumit can claim damages with interest from Aron because Aron has not delivered the containers in time and not only that but as the containers are delivered in damaged condition because of the explosion, so in that case Aumit can ask penalty in terms of money from Aron[8]. Because of the fundamental breach of the contract, it can be terminated and on the perspectives of sellers choice, it is necessary that if the sellers notice is not maintained then there is refusal in delivery of goods. It is necessary that the loss should be mitigated, so the damage can be met with the foreseeable act. Aumit was running loss because he has invested money but after the investment, he got nothing from Aron because in the explosion at the ship the containers got damaged which is the reason of accident. But as Aumit has invested money so he will not understand the problem of Aron as the contract is done between two countries, so the contract can be breached and in such case it is suggested to Aumit that he can ask for the penalty from Aron for breach of international commercial law. According to Article 5 of Contracts for the International Sale of Goods, if the death or accident of the seller occurs or any accident occurs, then for the injury of the goods seller is not liable. So in case of Aron, he can give the cause to Aumit by counter appealing the case that because of the explosion or accident the products are damaged so Aron is not liable in this case because of the damage of the product[9]. As per Article 6 of Contracts for the International Sale of Goods, the convention of derogative plan is affected with the provision. According to Article 11 it is needed that writing contract should be documented while forming any agreement but in case of Aron and Aumit in the case it is mentioned that contract is done in sales of goods but it is not mentioned that whether it is done in a written way or verbal way. So this case act can be incorporated on Aumit by Aron when he is charged for the breach of contract. As per Article 84 the seller is bound to refund the mone y. So Aron has to refund the money to Aumit. Under section II of Article 35 the seller is not liable for the conformity of the goods. If any adverse situation occurs in case of delivering then it is an exclusion case[10]. This can be counter answered by Aron because accident occurred by the explosion in the ship which is the reason that Aron cannot deliver the proper goods on time. Exclusion clause also stated as per Article 49 of CISG Act any obligation of injury occurs then the seller can ask for time from the buyer for the remedy to give damages. In this case Aron can take time from Aumit. As per Article 82, it is necessary that the rules of Contracts for the International Sale of Goods should be formulated on the collaboration made between the buyer and the seller but because of the accident cause due to the explosion so it is mandatory that in such instance time should be given to the people who are affected by several problems[11]. The case or point of Aumit is much strong than Aron, so in case of Aumit he can claim for the breach of the contract and in case of Aron it requires more time so that no issues arise on the case of Aumit. It is necessary that Aumit should also understand the case of Aron because he was facing and accidental stage which is the reason that conflict rise when contract is done between both of them. It is necessary that several instances are needed to be corporate so with the help of such instance it is necessary that provision of all points should be used. Legally it is necessary that all the articles of CISG should be thoroughly studies and with the help of such study and analysis the rules of the international commercial law should be followed by both the parties. According to Article 90 international agreement is formed which orders provisions under convention of the agreement. It is necessary that for making a proper contract the rules of Article 90 is needed to be fulfilled by authentically making the agreement and fulfilling the rules of the agreement. Conclusion In this case study legally details about the cases are mentioned which reflects the commercial and international business. It is necessary that all the rules of Contract of sales of goods should be followed in legal terms and commercial rules should not be breached. It is essential that with the help of the rules of commercial law the consequences and situations are needed to be maintained and the legal advices mentioned in the second question are needed to be followed by Aron and Aumit[12]. Bibliography "Conventions On International Sale Of Goods And Formation Of Contracts For International Sale Of Goods" (2014) 3International Legal Materials "United Nations: Conference On Contracts For The International Sale Of Goods" (2013) 19International Legal Materials Article 35(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/text/e-text-35.html Article 74(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/biblio/enderlein-art74.html Article 77(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/biblio/enderlein-art77.html Carter, J. W,Contract Law In Australia(LexisNexis Butterworths, 1st ed, 2013) Galston, Nina M and Hans Smit,International Sales(Juris, 2nd ed, 2010) LAW4198: Australian Commercial Law - 2016 Handbook - Monash University(2017) Monash.edu.au https://www.monash.edu.au/pubs/2016handbooks/units/LAW4198.html Magraw, Daniel Barstow and Reed R Kathrein,The Convention For The International Sale Of Goods(American Bar Association, Section of International Law and Practice, 1st ed, 2003) Wiggers, Willem J. H,International Commercial Law(Wolters Kluwer Law Business, 1st ed, 2007) Will, Michael R,CISG(Faculte? de droit - Unite? de droit allemand, 1st ed, 2004) Willis, William and W. Nembhard Hibbert,The Law Relating To Contract Of Sale Of Goods(Sweet Maxwell, 1st ed, 2007) Willem J. H Wiggers,International Commercial Law(Wolters Kluwer Law Business, 1st ed, 2007). Michael R Will,CISG(Faculte? de droit - Unite? de droit allemand, 1st ed, 2004). "United Nations: Conference On Contracts For The International Sale Of Goods" (2013) 19International Legal Materials. Nina M Galston and Hans Smit,International Sales(Juris, 2nd ed, 2010). Article 74(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/biblio/enderlein-art74.html. Article 77(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/biblio/enderlein-art77.html. LAW4198: Australian Commercial Law - 2016 Handbook - Monash University(2017) Monash.edu.au https://www.monash.edu.au/pubs/2016handbooks/units/LAW4198.html. J. W Carter,Contract Law In Australia(LexisNexis Butterworths, 1st ed, 2013). "Conventions On International Sale Of Goods And Formation Of Contracts For International Sale Of Goods" (2014) 3International Legal Materials. Article 35(2017) Cisg.law.pace.edu https://www.cisg.law.pace.edu/cisg/text/e-text-35.html. Daniel Barstow Magraw and Reed R Kathrein,The Convention For The International Sale Of Goods(American Bar Association, Section of International Law and Practice, 1st ed, 2003). William Willis and W. Nembhard Hibbert,The Law Relating To Contract Of Sale Of Goods(Sweet Maxwell, 1st ed, 2007).