Business Law Assignment Name Institution Date Q1. Is B Obliged to Accept 150 Containers?

BUSINESSS LAW ASSIGNMENT 1
Business Law Assignment
Name
Institution
Date

BUSINESSS LAW ASSIGNMENT 2
Q1.
a) Is B obliged to accept the 150 containers?
Introduction
A seller is obliged comply to the conditions agreed upon in a previously made agreement
by the other party. In the event where there is no express contract between the involved
parties then implied terms in a contract can be applied. In disputes involving a buyer and a
seller, contracts for international sale of goods (CISG) are used and domestic law to enforce
the rule. Both seller and buyer have different obligations and rights in a contract and the
event that any of these duties are breached, and then the aggrieved party can sue the party
liable. In the absence of any terms between the buyer and the seller, then the seller has to
deliver the products along with their corresponding documentation (Andrews 2011). The
change of posession is not controlled the agreements for the sale of goods across nations, but
overseen by local law. Under article 31-34 of the agreements for the sale of goods
internationally, the responsibilities posed on a seller are set out clearly. Usually time, date
and location of delivery are conventionally agreed upon by both parties as in accordance with
the case of Kling & Freitag GmbH v. Societa Reference Laboratory S.r.1. (2004). The
conditions are of essence since terms determine the conformity of goods and passage of risks
(Chen-Wishart 2015). The seller as provided for in CISG has the commitment to deliver the
products to the first carrier. The seller and the purchaser have reciprocal obligations towards
concluding of sales.
In this case A and B were involved in a transaction, A failed to supply all the products at
once to B, but B accepted part of the incomplete goods. A as the seller has a commitment to
supply the goods while B as the purchaser as an obligation to accept the products during
delivery agreed upon by both parties. Under this case, the time was not specified, in the event
that A came back from hull and delivered the remaining goods within the provided delivery

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time then B has an obligation to accept the 150 containers as provided for under the
agreements for the sale of goods overseas (McKendrick 2012). Given that B had already paid
for the goods, the possession of the products passes to B immediately B receives the
products. A has the duty of delivering the goods within the stipulated time, so in A’s
circumstance; A could no unload all the goods at once and delivered the remaining part later.
As long as the remaining part was delivered within the provided deadline, the B has an
obligation to accept the 150 remaining containers.
According to article 61 of the agreements for the international sales the purchaser is
responsible for paying for the purchase at the deadline concurred and to take the supply
(Mistelis 2011). So, in accordance with provisions of CISG, B in this case is obliged take the
supply once delivered. Where there exists no express concurrence in the contract between the
two, Article 53 of CISG stipulates that the “purchase must make the payment for the
deliveries and own them as outlines by the agreement and this regulation (Erauw 2011).
Additionally, a purchaser’s duty to pay for the goods comprises of making such steps and
conforming to such regulations as may be obliged under the express conditions of the
agreement as well as the laws and regulations to facilitate the supposed payments (Article 54
CISG).
B has the responsibility to take delivery of goods and this includes all actions that could
reasonably be undertaken by the buyer to put the seller at a position to make supply and in the
change of the goods possession.
Where the purchaser fails to take possession of the products when suplied, the seller is
supposed to responsibility for the products until the buyer is able to take delivery (Bridge
2012). The purchaser is subsequently responsible for reimbursing the seller for all reasonable
expenses aligned to the care for the goods (Articles 85 & 87 CISG).

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Conclusively, B is under obligation to accept the remaining 150 containers from A, hence
B will be liable for any loss incurred in the event B fails to take delivery. Therefore, whether
the prices in the goods fell and the goods were delivered within specified deadline, B has to
accept the goods as that is an obligation of the buyer (McKendrick 2018).
b) Would it make any difference to your answer if the due date for delivery of the
rubber had expired in the interval between the first and second deliveries?
Yes. There will be a difference since A has the duty to supply the products within the
specified time range. B has no obligation to accept the goods if delivery time of the rubbers
have expired. A will be liable in this case for loss incurred by B for failing to perform the
obligations agreed upon between them (MacQueen 2009).
A seller has the commitment to supply the goods within the stipulated deadline failure to
which then the seller is liable. B can sue A for damages in the event B incurs losses as a
result of the late delivery. The obligations of a seller are regulated under the agreements for
the sale of goods overseas (Professor of Commercial Law and Deputy Director of the Centre
for Legal Research Jill Poole, 2016). The provisions of CISG clearly states the remedies that
a buyer is entitled to in the situations where a seller fails to deliver within the stipulated time
frame agreed upon by both parties.
Q2. If, before the period of seven days has expired, Samad engages Baharudin instead of
Jallaludin, will Jallaludin have any claim against him? Advise Jallaludin?