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Assignment Of Contracts For The International Sale Of Goods (CISG)

   

Added on  2019-09-30

7 Pages1245 Words188 Views
INTERNATIONAL SALESLAW ASSIGNMENT

1Table of ContentsAssignment..................................................................................................................................................2References...................................................................................................................................................6

2Assignment Question 1. Did Alliance and Cosechas enter into an enforceable contract?Answer 1. Alliance and Cosechas have entered into an enforceable contract. As per Article 11 ofthe CISG (1980), it has been given that in the case of a contract of sale it is not necessary to make it in writing to make it enforceable. An enforceable contract can be made by any means, including witnesses. According to Article 13, "writing" includes telegram and telex. Question 2. Assuming that the parties did enter into an enforceable contract, what was the time for delivery by Cosechas?Answer 2. As per the enforceable contract, Alliance had clearly mentioned in its purchase order that it wants the delivery before May 20th. Thus, as per the terms of an enforceable contract, Cosechas delivery time would have been May 20th. But if we assume that it was not an enforceable contract then the terms contained in that purchase order will not be considered and thus, the delivery date for Cosechas, in that case, would be June 1st and not May 20th , that is whenthe offer made by Alliance through fax was accepted by Cosechas through sending a Performa invoice (Mueller, 2016).Question 3. Assume that two days after Alliance received the proforma invoice from Cosechas and before Alliance returned its purchase order, Cosechas contacted Alliance to state that banana prices had risen sharply in the past 24 hours and that Cosechas was therefore withdrawing and revoking the terms stated in the proforma invoice. Assess the legal effectiveness of Cosecha’s statement.

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