Final Written Seminar
A case study of CISG and WIPO
Jinaan Toaha (8904085068)
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:
2. Specific Performance by the liable party
3. Price Reduction
4. Avoidance of contract
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 charged in the final invoice differed from Acceptance Letter or not, and that comparison of prices is not valid, therefore we cannot defend this part of the deal on behalf of the client. However if I assume that the price charged differed from the price quoted then this can amount to a breach of contract and our client is entitled to remedies such as declare the contract void with or without damages, given that the breach done is substantial. We can also examine the form of negotiation that took place to seal the contract, has the followings covered: that the seller has included a price index with the acceptance letter, this mention of price as per the custom of trading followed by the trader. Also that our client has accepted the contract, after reviewing and making necessary modification to his own terms.
This aspect of the contract also comes under the scope of CISG, and from the given circumstances we can confidently say that there has been non performance of contract as a seller is bound by the International Trading Law that CISG to deliver the goods of the standard quality, and missing page is obviously reduce the quality of the goods that was delivered. So we have this aspect that our client can claim breach of contract and therefore get remedy with or without damage. In order to ascertain which of the remedies that should be awarded and whether our client should be awarded damages we have to interpret the rules of substantiality of the breach, as the pages missing is limited consequence to the book itself, in easy terms the missing pages do not constitute to be a considerable part of the book, therefore following the substantiality rule we can say that seller give redress (Specific Performance) to our client and the missing pages should be copied and attached to the books by the seller.
Bad quality in text:
This aspect of the contract comes under both CISG and IP Law (Intellectual Property Law). We have to understand the nature of...
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