International Business Transactions and the Law: Mr. Gander's Case

This report provides an analysis of a case study involving international business transactions and the application of relevant laws. The scenario involves Mr. Gander, who entered into a contract for the shipment of perishable goods from the United States to Australia via the carrier SS Golden Goose Lines. Due to a lightning strike during a quarantine period caused by the COVID-19 pandemic, the refrigerated goods were damaged, rendering them unfit for consumption. The report examines the legal responsibilities of both the carrier and the seller under the Sales of Goods Act and contract law, including the concept of the Act of God. The report concludes that business laws and contract law are very helpful in making an organization perform its activities in a smooth manner. The report explains the basics of this act and then the clause of act of God in the context of the given scenario.

INTERNATIONAL
BUSINESS TANSACTIONS
AND THE LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY ..................................................................................................................................3
Advise Mr Gander, advise in relation to both the carrier of the goods and the seller of the
goods...........................................................................................................................................3
CONCLUSION................................................................................................................................5
REFRENCES ..................................................................................................................................6

INTRODUCTION
Business laws are those kind of laws that has been formed in order to form an
organization within the a country. It provides legal framework to perform various business
activities in smooth manner. Sales of good act are those kinds of regulation that helps in building
of safer means which makes an organization to sell its goods without any kind of complexity
within an organization. This act is possessing knowledge over various aspects which has been
making an organization to performer business in smooth manner. This act is related to contactor
laws of an country. Scope of the act is wider in nature and helps in covering of various activities
of business. Nature is dynamic because it deals with various things that makes selling of goods
possible. In this file things that has been covered is based on sales of goods act. Further case is
been given that and question related to this is being answered.
MAIN BODY
Case scenario: In this case Mr Grey Gander has entered into contract that has been
carriage over the carrier SS Golden Goose Lines for carrier ships of 100 tons over perishable
baked goods which is formed over the Port of Florida in the United States of America to Port of
Newcastle in Australia over vessel that is “Golden Gosling”. In this contract is being provided
over refrigerated carriage. Prior over commencing of voyage the master of vessel is being
conducted with due diligence over ensuring the ship that has made seaworthy and has been
managing in proper manner. After this no investigation is being made over the refrigerated good
that has been working over condition (Amariles, Bassilana and Winkler, 2018).
As the shipped arrived over the port of Newcastle it was placed in quarantine for a period
of 14 days with the order from Department of Border Force due to COVID -19 pandemic.
During period of quarantine, a lightning strike hit the ship and disable refrigeration over Golden
Gosling. When the goods were to be unloaded it was found that they are no longer fit to be
consumed by human. They had thawed due to the failure of electricity which is supplying over
refrigeration.
Advise Mr Gander, advise in relation to both the carrier of the goods and the seller of the goods
The sales of Goods Acts is that kind of legislation that is used for governing transaction for
selling of goods. Australian Consumer Law is primarily that is being used by the business in
order to perform activities to sell goods to consumer. It is also important for making people

aware about the Act that is being used by the manufacturer within a business. These are applied
within the transactions in which seller is agreeing over transfer of property in goods for the
buyers to make consideration of money. So it is applicable over various kinds of elements that
are as follows:
 a contract of sale.
 transfer of property.
 goods.
 money consideration.
So, this act is being used for such purpose that helps manufacture to ease down process of
selling goods.
In the legal usage the Act of God is that kind of incident or a natural hazard that is not in
the hands of human control. Under this things like earthquake, tsunami is there in which an
person is not reliable. This act is amounting over exception for liability within the contracts. This
is insured within the insurance policy also. By contrast, other extraordinary man-made or
political events are deemed force majeure ( Johnson, 2016).
Under the law of contract the act of God is being interpretative as an defence which is
being applied in order to deal with natural events happen due to nature. If so, the promise is
discharged because of unforeseen occurrences, which were unavoidable and would result in
insurmountable delay, expense, or other material breach.
In the law the contractual obligation that is being held or deemed by the party coming to
contract. In this honour is being given to the contract that is leading over getting remedies like
specific performance or interment. In 1863, this harsh rule was softened by the case of Taylor v
Caldwell which introduced the doctrine of frustration of contract, which provided that "where a
contract becomes impossible to perform and neither party is at fault, both parties may be excused
their obligations". In this case, a music hall was burned down by act of God before a contract of
hire could be fulfilled, and the court deemed the contract frustrated (Aliyev, 2018).
In other contracts indemnification within act of God cannot be considered as an excuse
and this is there to centralised risk that has been assumed by the promiser. Flood insurance or
crop insurance is there over timing and extension over damage. In various cases failure has been
made through ignoring of risk that has been accrued due to natural phenomena this is to be there
in order to prove the condition under the act. Under the act of god if there is absence of such act

then there should be an basic assumption over the contract and act has been made the delivery of
goods disturbed. In recent scenario various human activities is considered to be claimed over the
root cause regarding various events that is deleterious in nature. Things like
Geothermal injections of water provoking earthquakes
Drilling provoking mud volcano
these events is being possibly being threatening the status of act of god that is being
established through liabilities that is existing until now. Other issues that is there within the law
of contract is the terms of contracts to be compiled. Condition like epidemic the situation to be
considered under the act only after seeing it.
As a general principle of act of God epidemic can be classified as an act of God if the
epidemic was unforeseeable and renders the promise discharged. Only when the promiser is not
able to avoid the effect of the epidemic even after exercising of reasonable steps. Also taking
diligence, care and situation is included within it.
In this case the scenario is that lighting is being struck to the ship that has destroyed the
good. So, an natural act has occurred that falls under act of God.
CONCLUSION
From the above file it can be concluded that business laws and contract law is very
helpful in making an organization perform its activities in smooth manner. Further the file an
case law is been given that is related to sales of goods act. Basics of this act is being discussed.
Then clause of act of God is explained in context of the given senario.

REFRENCES
Books and journals
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Officials in International Business Transactions in the Fight against Corporate Bribery in
International Business Transactions. Baku St. UL Rev.. 4. p.244.
Amariles, D.R., Bassilana, E.M. and Winkler, M., 2018. The Impact of the French Doctrine of
Significant Imbalance on International Business Transactions. J. BUS. L., 2, p.149.
Johnson, V.R., 2016. Legal Malpractice in International Business Transactions. Hofstra L. Rev..
45. p.67.
Mak, C.H., 2017. Book Review: The Law of Cross-Border Business Transactions: Principles,
Concepts, Skills, by Lutz-Christian Wolff. The Law and Politics Book Review. 24(4).
Nyinevi, C., 2016. 'Spare the Sinner; Punish the Righteous': A Review of the Supreme Court of
Ghana Jurisprudence on International Business Transactions. Richard F. Oppong and Kissi
Agyebeng, A Commitment to Law, Development and Public Policy: A Festschrift in Honour of
Nana Dr SKB Asante (Wildy, Simmonds & Hill Publishing, 2016). pp.175-197.
Odoi, R.N., 2020. Supremacy of the Constitution: The Constitutionality of International Business
Transactions Involving the Government of Ghana. Available at SSRN 3657344.