International Trade Law and Contracts

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This assignment delves into the legal framework surrounding international trade. It examines key legal terms and laws that impact international transactions, particularly emphasizing contracts for the sale of goods. The document highlights the importance of these contracts in regulating and governing overseas business dealings. Additionally, it touches upon time management techniques crucial for both job hunting and daily life.

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INTERNATIONAL LAW OF THE SALE
OF GOODS

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TABLE OF CONTENTS
INTRODUCTION................................................................................................................................3
TASK 1.................................................................................................................................................3
1.1................................................................................................................................................3
1.2................................................................................................................................................4
1.3................................................................................................................................................5
1.4................................................................................................................................................6
1.5................................................................................................................................................7
1.6................................................................................................................................................7
1.7................................................................................................................................................8
1.8................................................................................................................................................8
1.9................................................................................................................................................9
CONCLUSION....................................................................................................................................9
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INTRODUCTION
In the given report, the concept of contracts of international sales of goods and FOB and CIS
are described. Insurance of cost is a term in which the seller arrange the goods to deliver them from
by sea to port and can be helpful for the buyer to get the goods from the port. (Honnold and
Flechtner, 2009). Apart from this, FOB shows that the supplier has to pay the costs and it has to be
paid at a specified destination so that the buyer can take it from the particular destination.
Responsibilities. Thus, these both are the different terms which are to be used in overseas trading.
CISG is the term which elaborates the contract which is made between the parties under
international laws. This is the term which demonstrates about the overseas trade when the goods are
sold at the international level. The purpose of the report is to identify the role of CISG approach in
overseas trading of goods. In this study, various elements which are required to implement the
international sales law are explained.
TASK 1
1.1
For making a research, it is important to identify the key areas which are influenced by the
core subject of research. There are various legal systems which are to be adopted and followed for
carrying out the research in a legal manner. For doing the research, it is important to make a plan for
the process and then take all the essential elements into consideration so that a proper combination
can be made and an appropriate outcome can be availed (Kindström, Kowalkowski, and Nordin,
2012). For making a good and a thorough research, it is significant to consider all the legal
doctrines and then initiate the research. Thus, legal study is based on the subject matters and its
legal compliances therefore to give it a complete and accurate form, it is important to take care of
all the regulations in a global context.
A CIF agreements requires that the seller to deliver the goods in the shipment so that the
goods under the particular contract can be delivered to the destination. He is also arrange the
insurance facility of the goods so that it can be beneficial for the buyer.
Under a CIF agreement it is the duty of the buyer to manage all the billing expenses and
loading charges. Insurance policy explains those expenditures which are to be paid by the seller at
the time of shipment of the goods at the port. Along with this the buyer is liable to pay against the
documents, and he is liable for the damages and losses of the goods during the delivering process.
The seller gives the goods the buyer and with this he also gives the documents. He is liable to
deliver the goods to the buyer at any point. (Ferrari, 2011).
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1.2
Agreements made under international sales of goods (CISG) have been issued for regulating
authorities. These conflicts are law related, cultural issues, and versatilities in judicial interpretation
of the laws. These difficulties have created a big issue before the courts that what will happen if the
problems regarding such issues will arise in frequent way. CISG is one of the greatest achievements
for the commercial law in international context. In many jurisdictions, both lawyers and courts are
using the concept of CISG to make it simple for applying the rules of the agreement in various
situations (Einhorn, 2009.). This term of the contract is applied when the parties have made the
contracts under this law. However, CISG does not apply to all the contracts but it applies in only
those situations when the agreements are made for sale of goods internationally. In some cases, it
does not apply to commercial sales of goods but apart from that contract for services are also
excluded from this applicability.
International Sales of goods contracts are most effective for those transactions which are
made for overseas countries. Many lawyers have described that there is a benefit of CIGS in the
nation. Some lawyers therefore choose to draft agreements made under international sale of goods
in accordance with the domestic law because they think that it is likely to provide a more desirable
outcome for their clients. CISG applied to their client's contracts or even existed.
The sellers fulfil his duty when he deliver the carriage on the port. After this the buyer has to
pay all the costs from the delivery and he is liable for the risk also. Cartage and loading expenses
are to be borne by the buyer. He has to pay all the charges. This term is used only at the time when
goods are sold through sea or land. (Lando, 2011).
Duty of exporter under FOB is mentioned as under:
1. Supply the goods and deliver them on time at the port.
2. The exporter to pay all the cost which are occurring at the time of loading of the goods.
3. He has to pay the cost of loading.
4. He is also liable to Provide export license and pay the duty of export expenses.
Duty of importer under FOB is mentioned as under:
1. He has to receive the goods and has to intimate this to another party.
2. He has to pay all costs and risks regarding the goods from the time when they have shipped
at port.
3. He has to pay the cost of Fright.
4. He has to pay the expenses of unloading of goods.

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5. He has to pay the price as per the cost mentioned by another party.
1.3
The core purpose of CISG is to help the buyers and sellers in performing the international
transactions. The library is the most effective tool for making people aware about the latest trends
and updates in the law and legal litigations (Berger, 2008). Thus, the library is the pool of resources
in which the readers have the accessibility of the future and present trends. This is because the
documents in hard copy can be saved for a long run duration. Thus, the physical format is the basic
tool by which the readers can have a proper overview while reading the legal aspects related with
the CISG. Thus, the updates are often found on the internet easily and the CISG is the legal aspect
on which the updates are usual thing and in that case the readers have to rely on the print media or
the electronic media for getting the information about the latest trends and updates information
related with CISG (Homburg, Müller, and Klarmann, 2011). In the e resources the documents can
be modified easily. But the online resources sometimes can corrupt the main source of getting the
data and this can be very harmful for the parties and people.
Difference between FOB and CIF has been described as under:
CIF Contracts FOB Contracts
CIF agreements takes place when seller has
Provided the goods.
FOB contact can be described as a module
instrument, it is the duty of the buyer to choose a
ship and the seller has to put goods on the ship.
Under CIF, it is the duty of the seller to put the
goods on the ship or board.
The main duty of the seller in contracts is to do
the loading (Briggs, and Dubinsky, 2013).
In this, the seller is liable to pay all the expenses
and costs regarding the goods.
In this the seller is liable to bear the cost of
handling.
In this the invoice is to be presented by the seller
in order to get the payments.
In this contracts, the seller has to maintain all the
documents regarding shipment of the goods
In this, the buyer has no obligation to procure a
ship (Kotler, 2011).
To identify the port of shipment is the core duty
of the purchaser.
In it buyer's duty is to receive all the goods and
he is also liable to intimate this to his party.
In it, the price which is decided by the agreement
is paid by the purchaser to the seller.
The buyer has to pay only customs and other
duties.
The buyer has to pay all kind of costs.
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1.4
A contract is the agreement made by two parties under a law and having a lawful object.
The factor which distinguishes contractual from other legal obligations is that they are based on
the agreement of the contracting parties. In CISG law, here are some terms which are essential for
making an agreement between the parties, these are mentioned as under: Offer: It shows the intentions of the parties to get entered into a contract. Given in written
means also. Thus, in this process both the parties make the agreement and have the
intentions to get entered into the settlement (Kindström, Kowalkowski, and Nordin, 2012). Intention: It is the another major aspect which is required to make the contract as by this
element the willingness of both the parties is to be obtained. For making a contract. Clearly Stated Term: These are the most important element while getting entered into an
agreement in this price both the parties become ready on the particular terms and conditions
and they promise with each other not to violate these terms.
Communication: Communication of the intention is also a prominent part for making an
agreement under CISG law. Without this, the confirmation of doing the business cannot be
determined (Kindström, Kowalkowski, and Nordin, 2012).
Thus, in above mentioned way the elements which are required to make the contracts have
been described.
Case example:
Whenever a contract is being made between the wood supplier and the buyer then the buys
has the right after signing the contract to get more supply of wood by next year, but on what terms
are not being mentioned.
Conclusion:
After getting conclusion from various sources in which parties have made different business
deals on customs and timber trade it can be easily seen that the offer made between the wood seller
and the buyer is not easy to clarify but a valid by the law
An offer to sale has been made between the defendant and the claimant to sell defendant
farm for £1000. The claimant was ready to pay £950 at first but later he agreed to pay the whole
amount to the defendant. Despite on agreeing on the offer, defendant heard nothing from him
Conclusion:
As one of the essential to a valid contract is to accept the offer made by the party to another,
here, the original offer has not been accepted by the seller that is the defendant hence it shall not be
considered a valid contract
Thus, the case studies clearly imply that for establishing a valid contract between the parties
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it is really important that all the elements of a valid contract shall be present while in the formation
of contract.
1.5
In the matter of international goods trade, the interest of the buyers and suppliers is to be
protected and this can be helpful for a better trade. The basic benefit of this is that it can be very
comfortable for the people to do the trade at a international level as this can reduce the risk of
parties of the contract and binds the terms of agreements with a specified law. Thus, this law makes
a treaty among the nations so that the trade under CISG can be made among the nations (Zahay,
2008). CISG is liable to be included into the transaction otherwise the domestic law can create the
barriers fior the parties of the transaction and agreements. Thus, the treaty has been made among
the nations so that the law can be implemented properly on the translocations which are done
among the nations.
Many countries have agreed on the terms and conditions mentioned under CISG law, as it
can be beneficial for all the parties of the agreements. (Cuthbert, 2013). Thus, the contract of law is
the backbone for all the regions as in today's time the trade is not limited within the boundaries of
domestic nation rather it has expanded its feet in the other nations also and it is the demand of the
time so in this way the role of law has automatically increased.
1.6
To follow the law is a strict process which is governed by the legal authority as the fact are
not confined wholly to events and objectives but inevitably the first statement of facts include the
legal bearing. There are some techniques which are required to do the legal research on a particular
subject area these are mentioned as under:
The research in a legal manner needs some facts and evidences to support the study which is
being carried out. This means the case and regulations are to known and identified properly
(Kotler, 2011).
The next element is the way in which the researcher finds legal issues are very complicated
and therefore are to be solved at a very initial level.
In the next step, it is the duty of the researcher to deal with not only the technical issues of
the case but also with the all other material of then case also. Thus, in above mentioned way
by applying some techniques the research on any particular subject matter can be done
(Bartholet, 2010). All the legal techniques are required to carry out the research as it is
important to do the deep study of all aspects and then assess the core output of the legal
issue. Books, Journals, articles are the major tools which are liable to make a deep study on

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a particular subject matter. Legal research methods intend to acquaint the students of law
with scientific methods of inquiry into law.
1.7
Data base have the values at a social level and they have the transaction values also. The
approach can be divided into various levels and categories, this can be helpful in making a
interrelationship among the people. (Ulaga and Reinartz, 2011).
Debate is the basic area by which the core principles and techniques of the subject matters
can be discussed. thus to make a great conversation and interaction is the prime activity of the legal
debate. Legal matters are bit critical and the opinions of the people have different overviews about
the legal terms. As far as the debate is concerned, it can be oral but sometimes it can be written also
so it is important to pay attention on all essential aspects which is the key factor for attaining the
basic overview about a particular subject matter (Kotler, 2011). It is advisable to have all the
required data while making the assignments on a legal debate. In the law, there are various
conclusions as per the case studies so the participants are advised to take concern of all the prime
conclusions and then they should make an effort to start their interaction on the subject matters.
Thus, to make a healthy debate on the legal terms it is required to get a basic overview about the
core principles of the legal aspects.
1.8
It is important to work with the efficiency, thus by developing appropriate strategies for
managing the time to balance the conflicting demands of time; the tasks can be completed in a
smoother way. Time management techniques are valuable in job hunting, they are important in
managing various aspects of the life also. In below mentioned way, a time management skills
process is described:
By making to do list, all the tasks can be completed in deadlines. A list can be helpful and by
this all the tasks can be competed in a smoother way. (Cuthbert and Fronek, 2013).
It is significant to make a list of the tasks on the priority basis. Once completing the top
most essential tasks, the other activities are to be performed in a sequence by dividing them
on a priority basis.
Distractions are the obvious factors which occur any time at any level while performing the
tasks so it is advisable to plan for the tasks which are to be completed and then by avoiding
the useless elements the ultimate goal can be achieved.
To set small goals are also helpful in managing the time as they are easily approachable and
they take very less time so they can be completed at a very initial stage. Thus to make the
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small goals can be beneficial in managing the skills and times of the individual. (Honnold,
and Flechtner, 2009).
Reviewing is another major aspect by which the tasks can be performed in a specific time
limit and it encourages to complete the works on particular time duration.
To make a proper planning is the most important part for doing the work properly as by this
all the tasks can be competed in a order and no excess time will be taken for competing the
projects on time.
1.9
Group communication skills can be developed by taking part in various activities as this can
make the participants motivated. A good body language is helpful in managing the communication
skills in an effective manner (Briggs, and Dubinsky, 2013). Along with this, by asking the questions
and replying them can make the participants inspire in taking part in the conversation. To focus on
speaker is another major element which is to be taken into concern in making the communication
skills more effective. In order to communicate effectively with someone it is advisable to listen
others properly and then reverting them as per the need of the time and intent. To show the interest
in listening, it is also essential to make the communication skills more effective.
CONCLUSION
In the given report legal terms and laws which are liable in making the international trade
more effective are described and discussed. It is the need of the time to do the business
internationally, therefore it is very important to identify and acknowledge all the aspects which are
essential to do the overseas transactions. In the given study, all the laws and legal terms which have
direct impact on the international trade have been described. Thus, the report concludes that
contracts of international sales of good are the core criteria to manage the legal proceedings of these
transactions and to provide them a regulating and governing approach.
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