Company A which is a Singapore company, concluded a sales of goods contract with contract B, which is a German company. The contract was signed on 30 November 2019. Under the contract, company B as the seller, agreed to deliver a certain amount of sheet iron rolls (the goods) to company A, as the buyer, on or before 30 June 2020. The contract also specified that the United Nations Convention on Contracts for the International Sales of Goods is the governing law of the contract.
Due to covid, company B was only able to deliver 50% of the goods to Company A on 30 June 2020. Company B requested fr an extension of the delivery date and promised to deliver the rest of the goods on or before 31 December 2020. Company A agreed for the extension, but Company B failed to deliver the rest of the goods on 31 December 2020 due to a new wave of COVID19 in Europe.
a) Based on your understanding of relevant provisions under the CISG, indicate 3 possible remedies for Company A
b) Advise 1 possible defence for company B under the CISG.
In the report if the United Nation Conference on Trade and Development (UNCTAD) Secreriat on Bills of Lading, the UNCTAD identified the problems of the Hagues Rules and the Hagues Visby Rules (the said rules) and suggested that a reform wad needed for the said rules.
Criticise the said Rules by focusing on 5 legal problems of the said Rules. You should analyse the said Rules in your own words. Support your answers with reference to the appropriate provisions (if any) of the said Rules.
Company X signed a sales of goods contract with Company Y. Under the contract, Company X was obliged to make several shipments of electric appliances from Port A to Port B. the voyage between Port A to Port B is usually safe, except there are some occasional cargo theft incidents reported in Port B.
Company X wanted to purchase a cargo insurance for the shipments and approached an insurance company, Company Z, for advice. To assess the risks of the shipments, Company Z asked Company X to provide insurance claims record and the value of the shipments.
Company X was worried that the premium would be increased if a full disclosure was made to Company Z. in the claims record, Company X deleted the major claims and only disclosed the minor claims to Company Z. also, there were 2 survey reports for the shipments. The first report underestimated the value of the shipments and the second report corrected the mistake. Company X only disclosed the first report to Company Z.
A) Advise company X whether there is any legal issue arising from the disclosure of information to Company Z for the cargo insurance.
B) Advise Company X which Institute Cargo Clauses should be used for the cargo insurance. In arriving at your answer, you should demonstrate the main features of the Institute Cargo Clauses (A), (B), and (C).
a) A Singapore based company is planning to sign an international sales contract (the said contract) with a China based company. Propose 1 governing law for the said contract. In your answer, you should focus on 2 options and conclude which option is most appropriate for the said contract.
b) Based on your answer (a), suggest 1 alternative dispute resolution method for the said contract. In your answer, highlight 2 options and conclude which option is most appropriate for said contract.