Salzburg Vineyards (SV) is an Austrian manufacturer of wine. East Coast Wines Pty Ltd (ECW) is an Australian distributor of wine with its principal place of business inBrisbane. Susan is the managing director of ECW. She first met Roberto, who is the head of SV, at a party inLos Angeles. (Objective test of the applicable law: place of business  place where contract made  all these countries have ratified the CISG  Is there any country derogate from 11a? Article 6 )

Roberto spoke so positively of SV’s operation that Susan agreed immediately to purchase 7,000 cases of the most popular SV wines at US$100 per case. No documents were exchanged. Roberto stated that all warrantees are excluded. Roberto agreed to ship the wine on his return toAustria, and asked Susan to organise payment by letter of credit upon receipt of all relevant shipping documents. On her return toBrisbane, Susan becomes worried that the wine purchased will be unsuitable for Australian conditions.

 

(a)    Has a valid contract for the international sale of goods been formed? Does it matter that there is, as yet, no writing between the parties?

In common law for a contract to be form there must be an agreement between parties….

However in international transaction, to keep an alive relationship between parties, no written document is necessary in forming a contract.(Cite theories and cases.)

Formation  of  the contract :  article 14 offer and 18 acceptance  (p .16)

Article 11 and 12 stipulated that “the contract of sale need not to be concluded in orevidenced by writing and is not subject to any other requirement as to form.” In adopting the convention, do these countries

 

 

(b) Could the United Nations Convention on Contracts for the International Sale of Goods (1980) apply to this transaction? Give reasons.

1. All these countries have ratified the CISG

However, is there any country derogate from 11a? Article 6, 92, 96

Austria 11 September 1997 Supreme Court (Carpets case) [translation available]

2. Article 1 OF CISG stipulated that:

 

(c) If the United Nations Convention on Contracts for the International Sale of Goods (1980) does apply, must it be applied in full? Explain.

No, subject to Article 6, any part of the Convention can be excluded.

Looking at the parties intention to  decide (article 8)

 

Exclusion of parts of the Convention may be achieved by adopting contract terms that conflict with those in the Convention or by excluding the unwanted provisions of the Convention.

“Article(s)… of the Convention on Contracts for the International Sale of Goods shall not apply to this Contract.”

“Article(s)… of the Convention on Contracts for the International Sale of Goods is (are) excluded.”

“The terms stated in this document shall govern the rights and obligations of the parties, notwithstanding any provision of the Convention on Contracts for the International Sale of Goods to the contrary.”

“Any provision in this document which conflicts with any provision of the Convention on Contracts for the International Sale of Goods shall be deemed to be a derogation from or variance of the effect of Convention’s provisions within the meaning of its Article 6.”

(http://www.cisg.law.pace.edu/cisg/contracts.html#a6)

 

United States 27 July 2001 Federal District Court [California] (Asante Technologies v. PMC-Sierra)
[Cite as: http://cisgw3.law.pace.edu/cases/010727u1.html]

 

Warranties: can it be exclude? Us andAustraliacontain provisions that limit the parties abilities to disclaim warranties but the convention does not. So it depends on which law should apply to this transaction. ***

 

 

(d) Would the United Nations Convention on Contracts for the International Sale of Goods (1980) govern all the issues that might arise in this transaction?

 

 

Excluded:

 

1Warranties: the definition of this, commercial or legal concept.

Can Rob just  excluded warrantees

 

 

2  validity of the contract

 

3  payment  CIS does not regulate the LC

 

4 transfer of property (article 4)

 

5 transportation of goods

(e) If the United Nations Convention on Contracts for the International Sale of Goods (1980) does not govern this transaction, what law would? Explain.

 

Test of a convenient forum (cases)

 

Law:  most closely connected (cases)

 

2 what if the wine arrived in Australia  and the quality is not in confirm with the description.

Can Susan avoid the  (go)

Offer

Acceptance

Warranties: can it be exclude? Us andAustraliacontain provisions that limit the parties abilities to disclaim warranties but the convention does not. So it depends on which law should apply to this transaction.

 

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