Report on International Sales
Added on 2020-01-28
6 Pages1448 Words47 Views
Economics
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International Sales1
TABLE OF CONTENTSINTRODUCTION ..........................................................................................................................3(a) If Single Malt initiates litigation over its claim for damages stemming from the allegedrepudiation, it will probably bring its suit in Ireland. What law should a court in Ireland applyto the transaction?........................................................................................................................3(b) If Liquor Sales brings suit based on its claim of contract breach, it will probably file thesuit in southern California. What law should a court in California apply to the transaction?....4(c) Assume that both the parties want the CISG to govern their contract...................................4CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................62
INTRODUCTION In the present economy, there is constant increase in sales transaction among differentcountries which results in implying laws and act that support in managing the international salestransaction. Along with this, international sales law also focuses on governing or protecting theright of party from unethical sales practices performed by the other party. The present reportfocuses on the scenario of different companies operating in different region and has entered intothe sales contract by reviewing the different provision. Case scenario, Small Malt Ltd. Small retailer of Whiskey located in Ireland engages in onlineadvertisement for selling Whisky. The advertisement was seen by Liquor Sales Co. located inCalifornia contacted the Small Malt company for purchasing Irish whiskey over the three yearperiod. The agreement among parties do not focuses on any of the provision on the choice of lawor court jurisdiction. (a) If Single Malt initiates litigation over its claim for damages stemming from the allegedrepudiation, it will probably bring its suit in Ireland. What law should a court in Ireland apply tothe transaction?Accordant with the case scenario, Single Malt Ltd. do not sell Whiskey to Liquor SalesCo. as the company states that both the companies are not in the contract. The contract wasrepudiated earlier by Liquor Sales Co. therefore, If Single Malt initiates litigation over its claimfor damages stemming from the alleged repudiation then it will probably bring its suit in Ireland.Hence, the Ireland law would be applicable within the transaction. The Irish law indicates that Irish retailers those who are interested in selling the goodsand products outside the national market then the company would attain contract law obstacles.Therefore, it is also required by the company to comply or abide by the laws and regulationrelated with the consumer protection (A Common Sales Law for Europe: Factsheet for Ireland,2017). Along with this, if the business goes wrong in delivering the goods then the general rightsdo not exist in the Irish law. The small businesses that are exporting products and services in thenew market must rely on the laws and activities of the other region as they are trading outside theEuropean Union region (Spanogle and Winship, 2000). Moreover, there is also some relevantIrish legislation relating with serving of alcohol within the licensed premises or in the off-3
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