International Commercial Law

International commercial law
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Table of Content

1
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Answer 1..........................................................................................................................................2
Answer 2..........................................................................................................................................2
Answer 5..........................................................................................................................................3
Answer 6..........................................................................................................................................3
Answer 7..........................................................................................................................................4
References........................................................................................................................................6

2
Answer 1
At the time of voyage Mr Wagyu, who runs WWW, a prestigious restaurant in Japan, has to bore
the risk of the damage that occurred due to the shipment of the beef. It can be seen that 20,000
kg’s of beef has been delivered to WWW by BBB’s beef. The damaged goods from BBB’s beef
includes 5,000 kg’s of beef. However, the remaining 15,000 kg’s are in good condition. As per
WWW, the damaged beef is of acceptable quality if used immediately1. Mr Wagyu realised the
fact that the damaged beef can be used within two days or else it will be used as pet food.
Moreover, by offering a special half-price deal on all the beef dishes, Mr Wagyu utilised 500 kg's
of beef in his restaurants over two days. Mr Wagyu earned a good profit over the two days
because of great volumes of consumers despite of offering the dishes at discount prices. The
super sales proved to be good for his business. Furthermore, he sold 1,500 kg’s of beef to other
restaurants for instant use. On the other hand, Mr Wagyu sold the rest of the 3,000 kg of affected
beef for pet food at $2 per kg.
Answer 2
CISG governs this contract that took place between Mr Joe and Mr Wagyu as it possesses the
rules that govern the interpretation and making of international contacts for selling goods. It also
offers rules governing remedies and regulations of the parties to such transactions. Thus, this
contract has been governed by CISG as both of them agreed that Joe would deliver 20,000 kg's
of prime beef cuts to Mr Wagyu in Tokyo at $10 per kg, four times each year. Both of them
agreed to utilise Incoterms 2010 CIF as it can be used in transactions in which they are involved
in.
It can be said that under CISG, Mr Wagyu has executed the relevant things in selling the
damaged 3000 kg for pet food at discount price. According to CISG, the buyers possess the right
to claim the damages and decrease the price of the goods2. The buyers are allowed to sell the
1 The Transnational Dimension of Statutory Interpretation–Tragically Overlooked in a Global
Commercial Environment (Zeller, B. 2019, pp.15-150).
2 The CISG and the United Kingdom—Exploring Coherency and Private International Law,
(Hayward, B. 2018, pp.607-641).