Case: “When International Buyers and Sellers Disagree”
The subject of this case is one that happens quite often in international commerce; I personally believe that when doing deals specially with other countries we must especify everything in order to avoid this kind of conflicts. There are differents forms to solve this case, the first that I will mention is using the CISG. According to article 1 of the CISG, this law is applicable since both country are member states, they are selling goods, is not for personal use and there are different states. According to the CISG, the court that should solve the case, is the one of which the party is performing the characteristic part of the contract, in this case, the sale of pork liver, the law of the seller: The US. Law. And then we have to see which U.S. law is applicable, since in the States there are several laws. According to the CISG, since the goods are in good state to sell them, they do not lack of quality, and since this one was not strictly detailed by the German Buyer, this one have to accept the goods. Since both countries have differents legal systems, U.S. Common Law, and Germany Civil or Code law, we will have differents results. Then, if we try to solve this case by the U.S. courts, the party that will win the case is the seller, since the other party did not especify the quality of the goods. If the jurisdiction of this case were of the German courts, it might win as well the seller since the buyer did not especify the quality of the goods, eventhought this party could appeal that since the goods are for German market should have the German standards. In order to avoid all the probabilities that problems may arise, it is important to include in the contract which law is applicable, and specify the quality of the good, delivery, date, price, place of origin,certificates that must have and all the important facts of the goods. According to Cateora Graham in this case another possible solution...
Please join StudyMode to read the full document