This case is about two companies one registered in France and the other in United States of America who trade together. The problem is about the last command that arrived to the French company damaged. I am in charge to settle the case for the French company.
1- Law that is governing the contract :
Regarding to the international character of this contract, the first thing to do is to search which law is relevant in this case. We have then to refer to the Private International Law. The sales contract that has been signed by both parties can be the first answer, we need to take a look at it and search if there is any “Choice of law” clause that defines the governing law that will be applicable in case of dispute. If there is not such clause, and no choice of law neither expressly nor implicitly, we have to search which law to apply. As it concerns Private International Law, the proper law can be a convention that is signed by the countries where the companies are registered in. This dispute concerning a sales contract, it may be the UN Convention on Contracts for the International Sale of Goods -also known as the Vienna Convention – that shall be applied. Such a convention can be relevant only if some conditions are satisfied:
* The contract must be for the sale of goods.
* The parties to the contract must have their places indifferent states. * Both states are contracting states of the convention.
In this case, that three conditions being satisfied, the law that is governing the contract is the UN Convention on Contracts for the International Sale of Goods.
2- Discuss your actions in case of the conflict described in the facts. What will be the stages of conflict settlement you will apply. Please give arguments for your choices. In this situation, the first thing the buyer has to do when he received is to protect itself by taking some measures that will enable it to prove later that the command...