LAW56.docx

Instructions:

· Review the following fact pattern and answer the questions presented. Make sure to fully explain your answers and support them with the law as presented in this week’s material.

· Jaxstis, a New York corporation, agreed to sell air compressors to Cartia, an Italian company. The compressors were for use in producing air conditioners.

· The first shipment reached Cartia, and Cartia paid $188,000. In preparation, Cartia had spent $10,000 for special tooling and insulation Cartia expended another $5000 in shipping and customs duties.

· Cartia then paid $130,000 to Jaxstis for a second shipment. While the second shipment was en route, Cartia discovered that the first lot was nonconforming. It rejected the compressors and canceled the contract.

· The non-conformity resulted in lower cooling capacity and consumed more power than the sample model and specifications. Cartia spent several thousands to inspect, repair, and retest the compressors in an effort to make them usable.

· During this time, Cartia’s assembly line shut down, incurring unproductive assembly worker wages. Cartia was able to obtain some substitute compressors from other sources in time for the selling season, which it had to adapt for units at an additional expense.

· It arranged to have a shipment of another company’s compressors, sent to by air freight so that it could fill some orders. Cartia was also unable to fill some orders, amounting to millions in lost profit.

· Cartia canceled the contract and filed this action under the CISG. 

· Who will win the case? Assuming Cartia wins the case, what types of remedies should be awarded? How much would you award Cartia?

·

Guidelines and Expectations:

· Make sure to use APA format for in-text citations and your reference page.

· One page for answering questions.

Instructions:

· Barton, Ltd. has a successful clothing business in the US. They have spoken to ABC, a department store in Italy, who would like to purchase Barton’s clothing to sell in Italy. Barton receives the following request for items from ABC.

· Please deliver the following items within 60 days of receipt of this request

. 60 male sweaters sizes small, medium, and large at $2 each (assorted colors)

. 100 Children’s jackets sizes 4-6 at $1 each (assorted colors)

. 200 Unisex t-shirts (black) at 50 cents each (assorted colors)

. 40 female pant suits (black) at $5 each

· Review the attached sales contract and determine whether the contract is valid and if there are any essential clauses missing that you believe are necessary after reading the material presented in the course including this week:  International Sales Contract.pdf

· The link:

https://learn-us-east-1-prod-fleet02-xythos.content.blackboardcdn.com/5d01252a127d8/1898680?X-Blackboard-Expiration=1633910400000&X-Blackboard-Signature=c5sbsjGgd1Dl2eRN6OA0RRBkwBFmU%2Bx837DC2Lg9Mz8%3D&X-Blackboard-Client-Id=157277&response-cache-control=private%2C%20max-age%3D21600&response-content-disposition=inline%3B%20filename%2A%3DUTF-8%27%27International%2520Sales%2520Contract.pdf&response-content-type=application%2Fpdf&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20211010T180000Z&X-Amz-SignedHeaders=host&X-Amz-Expires=21600&X-Amz-Credential=AKIAZH6WM4PL5SJBSTP6%2F20211010%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Signature=859692b3fd7acfff34c8e4f4819ecb7bc00011d39be07c762a8dbc878e036850

· This contract was formed according to the requirements of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Make sure to support your analysis with the law.

Guidelines and Expectations:

· Make sure to use APA format for in-text citations and your reference page.

· One page