Advise the parties to the fob contract

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Reference no: EM131849317

Module - International Law of the Sale of Goods

Module aims

To provide the students with a detailed understanding of key areas of international trade law.

To provide an appreciation of the role of law in the sphere of international sales.

To enable students recognise legal issues in the conduct of business decision making and in particular to gain an understanding of the law applicable to agreements and their negotiation.

To develop students' capacity for critical analysis and logical thinking and to encourage independent learning.

To develop a general range of transferable and generic skills in problem-solving and reasoning, time-management and written and oral communication.

Intended learning outcomes

To demonstrate a thorough understanding and knowledge of the law relating to international trade law.

To apply the relevant principles of international trade law to analyse and solve hypothetical practical problems.

To develop the students' knowledge and understanding of the area through independent reading.

To analyse and provide lively comment and useful reflection on the various rules, policies and procedures of international sales law that may be subject to academic or legal debate.

Transferable skills etc

On completion of the module the participant will have had the opportunity to:

Provide a practical understanding of how established techniques of research enquiry are used to create and develop knowledge in the subject.

Provide an ability to evaluate critically current research and advanced scholarship in the subject area and to advance new or critical commentaries on the subject.

Develop an ability to deal with complex data and knowledge and to communicate an understanding of this to specialists and non-specialists utilising accurate legal techniques.

Engage in academic debate and present ideas and opinions in a structured and accurate manner.

Develop an excellent ability at writing in fluent and accurate prose, using correct terminology and utilising accurate referencing techniques.

Provide the motivation to engage in further independent research and study

Task details and instructions

New Fads Ltd, (the seller) agrees to sell computer components on "fob" terms to Bell Ltd., (the buyer) a company based in Nigeria. Shipment scheduled for October, fob Liverpool. The following fax was received from the buyer on 07 April: "We intend to nominate The Moyvale which will be entering port on 13 April. Ship will be ready to load on 15 April".

Owing to an oversight of an employee of New Fads Ltd (the seller) the fax was not brought to the attention of New Fads Ltd. until the 15th April. It is uncertain if normal loading rate (specified in the contract) will enable completion of loading before the expiry of the shipment period.

In the interim the goods are kept in a warehouse in Manchester. On 14 April a massive strike was called by rail workers whichparalysed the rail network.

Advise the parties to the fob contract.

Verified Expert

An agreement between two persons which is enforceable by law is a contract which contains rights and obligations of both the parties. Under certain unforeseen circumstances parties are not able to follow them. Such unforeseen circumstances are considered under the provisions determining a frustration contract. In case of fire war, terror the contract cannot be executed. Such circumstances are covered under the Force majeure clause. Similarly according to the provisions of the clause New Fads ltd and Bells Ltd are responsible to return the amount of damages to each other due to the rail workers strike which had restricted them to execute the contract of shipment of computers, making the contract a frustration contract. Besides, the provisions helps them to mitigate the circumstances of a frustration clause.

Reference no: EM131849317

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Reviews

inf1849317

4/3/2018 4:43:31 AM

I think this will have more clarification. 27360672_1asnwering legal problems.pdf Thank you for your proposal l need one confirmation that's no cut and paste as my University is following a very high track system provide me plague free solution. last time you guys gave me 0% plag, hope this time also it will be the same.

len1849317

2/5/2018 4:47:09 AM

3. Frustration and Force Majeure - relate this to facts of the question in particular the last paragraph regarding the strike!!. - doctrine of frustration - The Law Reform (Frustrated Contracts) Act 1943 - possible force majeure clause - notion of goodwill - mitigating circumstances I will shortly be sending a proposed framework for the assignment and general comments we need to bear in mind.

len1849317

2/5/2018 4:47:03 AM

- If English law, FOB contract will also be governed by Sale of Goods Act 1979. NOTE: the above points need to be placed in to context with the assignment question. 2. FOB contract and facts - Buyer and Seller obligations under ISC. - Buyer and seller duties under: > FOB incoterm. > Case law > Sale of goods Act 1979. - breach of ISC by the Buyer - reasonable notice periods - notion of goodwill - interpretation of facts - liability for possible breaches - Analyse facts of FOB contract and apply relevant principles etc to answer the question from buyer and seller perspective.

len1849317

2/5/2018 4:46:52 AM

Aside from the introduction and conclusion (which I am happy to work on), the following is what I believe to be the breakdown of the question: 1. International Sales Contracts - determine if FOB contract is an International Sales Contract (ISC) - What constitutes and ISC? - Cover the attitude and approach taken towards ISC's. For example: more robust attitude; less regulated; parties normally aware of risks involved, and factors that influence the framework. - Notion of goodwill. - Governing law of ISC's. > look at factors that influence governing law. > Generally ISC's are governed by English Law 0- think we can make the assumption that the FOB contract is English law. - Look at the way English law and the courts approach disputes. >certainty& visibility. >principles v legal rules. >contractual interpretation (look at reasonable man test).

len1849317

2/5/2018 4:46:31 AM

70 + A discussion relating to the current position of the law in this area and how it resolves the issues raiseddemonstrates an excellent understanding of the main concepts. Discussion, analysis and problem solving in conjunction with the use of relevant case law demonstrates an excellent knowledge of the key points and includes a constructive use of primary and secondary sources. The conclusion includes some excellent points and includes some excellent commentary whichresolves the issues raised. In general, the submission demonstrates a detailed and excellent understanding of the subject.

len1849317

2/5/2018 4:46:22 AM

60-69 Reports in this mark range will show a good understanding of the question posed. A discussion which demonstrates good knowledge of the keypoints and there is aconstructive use of primary and secondary sources. The conclusion includes some good points and is clearly of a problem solving nature. In general, the submission demonstrates a good understanding of the subject with relevant primary and secondary sources

len1849317

2/5/2018 4:46:14 AM

50-59 Discussions and problem solving surrounding the question posed demonstrates a reasonable understanding of the subject. Whilst academic discussions in conjunction with relevant case law arguments demonstrate an acceptable knowledge, the group have failed to develop an argument in a structured manner. Reference to primary and secondary sources are descriptive and illustrative yet raise some interesting points. The drawing of a conclusion is limited, and generally lacks a coherent argument. In general the submission demonstrates a reasonable understanding of the key points but the analytical, problem-solving and evaluative aspects of the submission lack focus.

len1849317

2/5/2018 4:46:03 AM

Discussions relating to the task will be mainly basic,descriptive.The discussions in conjunction with relevant case law are descriptive and involve limited levels of evaluation. Limited use of primary and secondary sources within the essay. The drawing of a conclusion is limited and generally lacks a coherent argument. In general, whilst the submission demonstrates an understanding of the basic concepts, it is largely descriptive with a general focus and limited use of case law. 40-49

len1849317

2/5/2018 4:45:46 AM

Hi, I need some help with my assessment my part is highlighted in red. please let me know if you can help with this and your cost. references need to be made for all resources. thanks,, A Word count/duration (if applicable) Your group report should be no more than 3000 words altogether including references. Marking criteria/scheme Marks for your assessment will be allocated based on the following basis: Assessment Criteria The attached guidance is in addition to the general assessment criteria guidelines for degree classifications contained in your level handbook. Your attention is also drawn to the School policy on plagiarism and referencing and you should make reference to the University study guide web site

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