A Polish company(A), which had its place of business in Krakow Poland sold a set of 80 steel girders to a Finnish construction company (B) with its place of business in Turku, Finland. According to the contract between the parties, all the steel girders were to be delivered painted. The seller however delivered a considerable part of the girders (25 pcs.) unpainted, which left the buyer, company B highly unsatisfied. Company B sought to enforce the contract at a Finnish court of law. Discuss the following questions that arose before the court: 1.Could the CISG regulate the contract between the parties? And if so, based upon what? (Which article)? 2.Were the delivered goods in conformity with the contract? The seller claims that the buyer had a duty to give notice in connection with a possible lack of conformity of the goods, but had not done so. 3. Would the buyer still have the right to a remedy? Even if it had not given notice of the lack of conformity? If, so based upon which article(s)? 4. What could the remedy be in this case? 5. Could the buyer even have a right to compensation, even if the buyer in the case had not submitted any evidence of the actual loss?
A Polish company(A), which had its place of business in Krakow Poland sold a set of 80 steel girders to a Finnish construction company (B) with its place of business in Turku, Finland. According to the contract between the parties, all the steel girders were to be delivered painted. The seller however delivered a considerable part of the girders (25 pcs.) unpainted, which left the buyer, company B highly unsatisfied. Company B sought to enforce the contract at a Finnish court of law. Discuss the following questions that arose before the court: 1.Could the CISG regulate the contract between the parties? And if so, based upon what? (Which article)? 2.Were the delivered goods in conformity with the contract? The seller claims that the buyer had a duty to give notice in connection with a possible lack of conformity of the goods, but had not done so. 3. Would the buyer still have the right to a remedy? Even if it had not given notice of the lack of conformity? If, so based upon which article(s)? 4. What could the remedy be in this case? 5. Could the buyer even have a right to compensation, even if the buyer in the case had not submitted any evidence of the actual loss?
Managerial Economics: Applications, Strategies and Tactics (MindTap Course List)
14th Edition
ISBN:9781305506381
Author:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Publisher:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Chapter9: Applications Of Cost Theory
Section: Chapter Questions
Problem 2.8CE
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A Polish company(A), which had its place of business in Krakow Poland sold a set of 80 steel girders to a Finnish construction company (B) with its place of business in Turku, Finland.
According to the contract between the parties, all the steel girders were to be delivered painted. The seller however delivered a considerable part of the girders (25 pcs.) unpainted, which left the buyer, company B highly unsatisfied. Company B sought to enforce the contract at a Finnish court of law.
Discuss the following questions that arose before the court:
1.Could the CISG regulate the contract between the parties? And if so, based upon what? (Which article)?
2.Were the delivered goods in conformity with the contract?
The seller claims that the buyer had a duty to give notice in connection with a possible lack of conformity of the goods, but had not done so.
3. Would the buyer still have the right to a remedy? Even if it had not given notice of the lack of conformity? If, so based upon which article(s)?
4. What could the remedy be in this case?
5. Could the buyer even have a right to compensation, even if the buyer in the case had not submitted any evidence of the actual loss?
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Could the buyer even have a right to compensation, even if the buyer in the case had not submitted any evidence of the actual loss?
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What could the remedy be in this case?
Could the buyer even have a right to compensation, even if the buyer in the case had not submitted any evidence of the actual loss?
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