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LAWS20062 - International Commercial Law

Assignment one will comprise of two problem based questions that require an understanding and application of: the Australian sale of goods legislation and CISG; and carriage by sea contracts.

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Central Queensland University

   

International Commercial Law (LAWS20062)

   

Added on  2020-03-04

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LAWS20062 - In International Commercial Law Assignment we discussed a case study related to commercial law. We also covered details about the CIF contract. Until the goods are delivered to the buyer's destination port, the selling Carriage, and Insurance for the costs of any loss or damage to the product it is all done through a delivery business. 

LAWS20062 - International Commercial Law

Assignment one will comprise of two problem based questions that require an understanding and application of: the Australian sale of goods legislation and CISG; and carriage by sea contracts.

   

Central Queensland University

   

International Commercial Law (LAWS20062)

   Added on 2020-03-04

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Running head: INTERNATIONAL COMMERCIAL LAW International Commercial LawName of the StudentName of the UniversityAuthor Note
LAWS20062 - International Commercial Law_1
1INTERNATIONAL COMMERCIAL LAWTable of ContentsQuestion.1........................................................................................................................................1Issue.............................................................................................................................................1Relevant Rules.............................................................................................................................1Analysis.......................................................................................................................................3Conclusion...................................................................................................................................4Question.2........................................................................................................................................6Issue.............................................................................................................................................6Relevant Rules.............................................................................................................................6Analysis.......................................................................................................................................8Conclusion...................................................................................................................................9References......................................................................................................................................10
LAWS20062 - International Commercial Law_2
2INTERNATIONAL COMMERCIAL LAWQuestion.1 Issue According to the case studies the issue is whether Kanga has breach any contract with Singhunder a CIF contract due to not able to provide 100 tons of beef meat.Relevant RulesAccording to the case study Kanga private limited has set 100 tons of beef meat fordelivering Sing Pty Ltd in Singapore under the CIF Singapore. However for the lightning theship was damaged and the refrigerator refrigeration system also not working there for 50 tons ofbeef meat has gone bad where other 50 terms of kangaroo meat was in good condition. Nowaccording to the contract with CIF they need to deliver total hundred tons of meats. Nowaccording to the Rule of Intercoms in Australian International sale of goods the essentialfreight terms concerning the carriage or delivery of the goods (Kelly and La Cava 2014). According to the intercoms 2010 there are 11 terms which define the various Modes oftransport where the rights and liabilities of the seller. According to the CISF contract it definesthe cost insurance and freight where it difference the supplementary obligation for the Sailorwhere it provides Maritime insurance for any risk of loss or damage caused to the merchandise.It also provide capital amount of insurance premium for paying to the vendor (Nugroho 2015.).The insurance also provide the Assurance of the minimum guarantee where it helps to cover theminimum anticipated price along with surcharge of 10% for the currency of the contract. Whenbuyer held liable for the cost and risk of transportation then it is the duty of merchandise todeliver the shape at the loading port (Kelly and La Cava 2014).
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3INTERNATIONAL COMMERCIAL LAWAccording to the Calzaturifi cio Claudia snc v Olivieri Footwear Ltd case the courthas find that the plaintiff of the case has make allegation against the buyer who also located inUnited state has agreed to purchase shoes but however he felt his duty to duly delivered ex works(Kelly and La Cava 2014). The plan chief was not aware about the material facts in the dispatchand the buyer the denied the presence of contractual relationship to delivery "ex works".Therefore the delivered goods are at issue and according to the counter claim the damages for thegoods had received deliberate and non-conforming (Nugroho 2015.). According to the CIS it isfrom of domestic US law rules where the court has stated that it could be considered evidence ofstatement made during the negotiations where the parties must agreed any practices betweenthemselves which they have established however the court did not provide any judgments for theplaintiff due to the fact that material facts were in disputes and denied by the defendant(Kellyand La Cava 2014). In another case MW Hardy & Co Inc v AV Pound & Co Ltd [1955] it has been foundthat when a contract has been made in London the buyers agreed according to the contact to buyfrom the seller a quantity of Portuguese turpentine and they made the contract according to therequirement for the shipment of the goods. However under Portuguese law that turpentinecontained was unlawful except under license has been produced by Custom House (Nugroho2015.). Therefore in this case the license and regarding some political reasons it has been refusedand they are fail to deliver the goods. However later they submitted to the aviators for the disputeto arbitration where the buyer has refusing to accept delivery and also claim the damages.Therefore finally the buyer appealed and the court of appeal allowed The Appeal holding that thecontract was discharged (Kelly and La Cava 2014).
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