A Case Study of Cisg and Wipo
Final Written Seminar
A case study of CISG and WIPO
By
(Group 21)
Jinaan Toaha (8904085068)
Hongyu XUE
We can examine the case scenario in terms of following breaches: * Minor breaches * Material breaches * Fundamental breaches
Under the CISG, the remedies that are available to the aggrieved party are:
1. Damages 2. Specific Performance by the liable party
3. Price Reduction
4. Avoidance of contract
Case Analysis
Price:
This aspect of the trading purchase occurring with our client and other party falls under the scope of CISG. CISG has laid the broad rules on how the price should be determined, first the price negotiation before the deal is deal is sealed is most important, that if our client has asked for quotation of the books and after reviewing the quotation its up to him to send an order or accept the terms of trade with the sellers once the purchase is confirmed by accepting the proposal given by the seller, there can be remedies or scope for consideration of settlement if the seller contravene the agreed price in the final invoice in that case we can consider that our client can have this aspect of trade to be examined of having been unfair and needs to be legally addressed.
However in the given circumstances, we can see that the price has been compared with that of a Swedish seller, this comparison is not consistent, as the purchase which has been made has not been from a Swedish seller, every market has it own price level, since our client has expressly gone to UK for the purchase, he should have been aware of the fact that it might have a different price level than Sweden, so the choice has been made by our client himself. There could have legal remedies if both the sellers were in Sweden, then we could have examined the situation on the account of unfair price charging or monopoly, that is fixing price unfairly higher than those in the market.
There in the aspect that it is not clear if the price
A case study of CISG and WIPO
By
(Group 21)
Jinaan Toaha (8904085068)
Hongyu XUE
We can examine the case scenario in terms of following breaches: * Minor breaches * Material breaches * Fundamental breaches
Under the CISG, the remedies that are available to the aggrieved party are:
1. Damages 2. Specific Performance by the liable party
3. Price Reduction
4. Avoidance of contract
Case Analysis
Price:
This aspect of the trading purchase occurring with our client and other party falls under the scope of CISG. CISG has laid the broad rules on how the price should be determined, first the price negotiation before the deal is deal is sealed is most important, that if our client has asked for quotation of the books and after reviewing the quotation its up to him to send an order or accept the terms of trade with the sellers once the purchase is confirmed by accepting the proposal given by the seller, there can be remedies or scope for consideration of settlement if the seller contravene the agreed price in the final invoice in that case we can consider that our client can have this aspect of trade to be examined of having been unfair and needs to be legally addressed.
However in the given circumstances, we can see that the price has been compared with that of a Swedish seller, this comparison is not consistent, as the purchase which has been made has not been from a Swedish seller, every market has it own price level, since our client has expressly gone to UK for the purchase, he should have been aware of the fact that it might have a different price level than Sweden, so the choice has been made by our client himself. There could have legal remedies if both the sellers were in Sweden, then we could have examined the situation on the account of unfair price charging or monopoly, that is fixing price unfairly higher than those in the market.
There in the aspect that it is not clear if the price