CISG: (where?) * As agreement in the contract; * Art. 31 b: certain‚ specific goods (one good can’t be replaced with the same) * Art. 31 c: other goods Example: Delivery of the goods‚ where? Q: A – farmer‚ Amsterdam. Sells 2 items to company B from Paris‚ France 1: 10000 kg apples -> 31 c. deliver in Amsterdam 2: Mercedes oldtimer‚ currently at this moment put away in a garage in Belgium -> certain‚ specific good. 31 b. Belgium In the contract nothing is said about the place of delivery
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Unit 5 Practice Test 1. All contracts involving interests in land must be in writing to be enforceable –T 2. A contract that by its own terms cannot be performed within a year must be in writing to be enforceable -T 3. All promises must be in writing to be enforceable -F 4. There are no exceptions to the Statute of Frauds -F 5. The rights under a contract for personal service normally can be assigned - F 6. A contract that contains a clause prohibiting its assignment will usually prevent it from
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eight months ago we entered into a contract with Citizen-Schwarz AG to create custom e-banking software. The agreed contract outlined the details of the arrangement‚ including on-schedule delivery and quality of the deliverables‚ strong communication between both parties‚ procedures for any changes in the system requirements‚ intellectual property rights‚ and dispute management procedures. Depending on our performance‚ we were projecting to gain an additional contract with C-S’s larger e-CRM order. Unfortunately
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Frustration is fourth way a contract may be discharged. We define as a Frustration when an unforeseen event which not the fault of neither parties changes the conditions of the contract as such they are very different from the occurrence of the contract made. To clearly examine if situation is frustration‚ we determine by viewing the types of frustration contracts as the doctrine. The discharge with frustration can be made when the subject matter was destroyed accidentally‚ take Taylor V Caldwell
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engine‚ and the recovery of the loan was to be governed by the Mortgages Decree‚ 1972 (N.R.C.D. 96‚ s. 15. as decided in Sasu v. Nyadualah Secondly‚ since ADB accepted payment from Botchway‚ ADB was obliged to deliver; non-delivery constituted a breach of contract. Acceptance of payment after the deadline constituted a waiver of rights to insist on payment within the timeline as was decided in Besseler Waechter Glover & Co. v. South Derwent Coal Co. Ltd. Botchway was therefore unsuccessful in his action
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Remedies Final Summer This fact pattern is regarding the misbehavior of Sony and its brand of music cds. In an effort to combat piracy‚ Sony hired a company to design a copy-protection system called XCP. This software was imbedded onto Sony’s cds and this software was designed to prevent unauthorized replication. If you tried to play a protected disk in your computer‚ you first had to agree to install a Sony music player to listen to it. Yet‚ this software used malware tactics‚ it took over the
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Assignment 1 Case Study: Contract and Sale of Goods Law Vinyl film is used to make commercial signage such as billboards‚ signage on vehicles‚ and traffic signs. There are two types of vinyl film: cast vinyl film and calendared vinyl film. Cast vinyl film is considered by the industry to be a premium product with excellent durability and conformability (ie ability to stretch over surfaces with corrugations or curves). It is used when the customer wants a paint-like finish that will last a long
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find somebody else for the job and later sue Orkin to reimburse for the cost of such services. Issue: Is a party liable when proper performance is not done adequate as stated in a previous agreed contract? Holding: YES Rule: Breach of a contract means failing to perform any term of a contract‚ written or oral‚ without a legal excuse. Analysis: Mrs. Clarkson contracted Orkin to perform decontamination in her house due to termite’s infestation. Even though‚ Mrs. Clarkson elected to take a
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relevant facts that fraud invalidates a contract. “The existence of fraud disrupts the honesty of the unknowingly person’s permission/agreement to a contract. When a person unknowingly goes into a terms of a contract‚ the agreement normally can be avoided since he or she didn’t freely come to agreement with the terms. Normally‚ an unknowing person has a choice terminate the contract all together and return to their beginning place or proceed with the contract and seek damages for harms resulting from
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Facts: Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik’s inventory control system. Retail Outlets‚ Inc‚ Quik’s competitor‚ induces Sam‚ a Precise subcontractor who is writing code for the Quik software‚ to delay delivery of the code for one week. As a result‚ Precise’s delivery of the software is delayed‚ and Quik sustains $500‚000 in lost profits. Issue: Whether Retail Outlets willfully interfered with a contractual relationship
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