The business students, most often, in their third semester are required to study commercial law. The students who want to establish a career in banking, management, or entrepreneurship study this subject. It introduces them to the various laws related to businesses and their management. But, this so important subject is not at all easy. In fact, this subject requires students to write research papers, assignments, and solve case studies. Most students because of the subject’s complexity decide to take commercial law assignment help. Our website is a trusted assignment help provider. Our writers write amazing assignments and make perfect case studies.
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In 2015, an Indian seller and an American buyer signed a contract for the sale of cotton. The contract provided, that the buyer would give the seller notice for the lack of conformity of goods within one month of their arrival, together with an expert statement. Upon their arrival in the US, the goods were evaluated by the experts, who apparently found them defective. The buyer failed to give notice thereof to the seller. Subsequently, the parties held a meeting in Dubai, also attended by the Chinese supplier of the seller. The parties agreed that the buyer would immediately pay part of the price due, while the remaining amount would be paid 30 days later. In the meantime, the Chinese supplier will inspect the goods in America and will possibly pay the buyer's debt. The Chinese supplier failed to proceed with the agreed evaluation. The American buyer then informed the seller that, due to the Chinese supplier's mistake of not evaluating, they were released from the obligation to pay the remaining part of the price to the Indian sellers. According to them, the agreement resulted in the formation of a substitute contract of the original obligation to pay, under which the Chinese supplier assumed the debt, releasing the buyer. Finally, the buyer sold the allegedly non-conforming goods.
The contracts between the parties did not contain a choice of law provision. The Indian Seller argued that this Tribunal should apply the law of the lex loci venditoris, while incorporating the application of the Vienna Convention. The buyer, on the other hand, has argued that no specific national law should apply to this dispute, but rather those general principles of international commercial law and accepted usages in international commercial practice, including the principle of good faith, should govern. Seller filed a case and asked for the remaining part of the price and interest. Buyer asserted that there was a novation of the original obligation to pay.
Assume that the Indian Court has International Jurisdiction on this matter since the parties agreed that the Chinese Court had the jurisdiction. If you are the Judge of Indian Court, can you apply the CISG for this case? Explain all conditions.
The CISG is a convention that regulates international sales, considering international trade and uniform rules. It was processed by UNCITRAL which is the core legal body of the UN. Applicability of the CISG was ensured in the article(1) of the convention. Thus, in this study, the explanations and evaluations on these conditions will be realized according to the article (1) of CISG.
Conditions of the article (1),
1.The convention will be applied on movable goods or tangible rights only.
2.The parties of sale contract must have their places of business in different states.
In this case, contracting parties have their places of business in different states as required. So, article (1) of CISG is applicable here. Parties did not choose any domestic law provision. The involved goods (cotton) as per contract are movable. Even though, the Indian seller argued lex loci venditoris (law of seller's place) should be governed, the court should consider CISG here.
On the other hand, American buyer claimed that general principles and accepted trade usages must apply on this dispute. However, general principles, usages, reserve rules are enclosed in CISG already. Taking all into account, neither any opting out condition nor any derogation statement exists in this sale contract. Also, there is no situation that requires article (2), (5) or (95) be applied here. So, it can be said that CISG is applicable here.
So, this was the commercial law case study example which you can use as a reference for your project. Remember you cannot copy the case study as it will be regarded as plagiarism. This kind of case studies help students further in their career. If you feel that you don’t have sufficient time or skills to make a good case study, then we would recommend you to take a case study help from us. Our writers have years of experience in solving and making case studies. You can contact us anytime via our mobile app or website.