International Business Law Coursework Essay Example | Topics and Well Written Essays - 2500 words

International Business Law Coursework - Essay Example In the current scenario, we are told that the agreed shipping documents were tendered, which would indicate a prima facie obligation of Sweet plc to make payment in respect of the August consignment. The contract between Sweet plc and the Seller is an international sale of goods contract and we are not told which law is applicable. Although the UK is not currently a signatory to the Vienna Convention on Contracts for the International Sale of Goods (CISG), Poland is a signatory4 and as the seller is based in Poland, the parties may have adopted the CISG by agreement. However, this analysis will advise on the basis of English law being applicable, with comparisons with the CISG position where relevant. The fundamental feature of a CIF contract is that once a seller has shipped the goods, they have â€Å"performed† the contract by tendering conforming documents to the buyer5. Indeed, it was described in the case of Hindley v E India Produce Co. Limited6 as â€Å"a contract for sale of the goods performed by delivery of documents†7. As such, the CIF contract imposes duality of obligations on the seller to deliver the goods and deliver the documents. The documentary obligations require the seller to procure and submit to the buyer the exact documents stipulated in the contract8. Furthermore, in the case of The Julia9, Lord Porter asserted that in the absence of a provision in the contract to the contrary, the documents provided should include a bill of lading, an insurance policy and an invoice. Under English law, a CIF contract entitles buyers to reject a tender of shipping documents on grounds of the document being â€Å"defective† or alternatively, where they are tendered late10. With regard to the current scenario, the documents were not tendered late. With regard to the definition of â€Å"defective†, various scenarios have addressed this, including a non-genuine bill of lading11, a bill of lading failing to provide

W8 Supplemental DQ 1 @ DQ2 Case Study Example | Topics and Well Written Essays - 250 words

W8 Supplemental DQ 1 @ DQ2 - Case Study Example Since the effect of the software AOL 5.0 was not to cause physical damage but to affect other programmes which inadvertently led to the malfunctioning of the computers, the damages can not be considered under tort but economic loss for which they actually are (Scheb & John, 2011). By using the defective goods, the consumers suffer economic loss especially in the case where life is lost. This should be taken care of. The rule therefore discourages such a suit which actually should its responsibility because the person injured in this case, though not having any contract with the contractor, has suffered economic losses as a result of the contractor’s attempts to fulfill his contractual obligations. It is the responsible of America to provide quality medicine at affordable costs to its citizens. With the available human and technological resources within America, it is possible to provide the medicine to the citizens at the low costs without looking forward to other countries. This is possible through a better medical plan to cover the citizens against all kind of medical conditions. Since the patients are insured, they should not bargain for the pay of the hospital bills by the insurance firms (Adams, 2003). The insurance covers their illness to the point of all these illness and being forced to pay additional amounts for such insurance will mean limiting the extent of the insurance to only minor illness. It is clear that the serious or long illnesses if not terminal illness will incur economic loss to the person and so the economic loss rule can be an avenue to sue for such losses so that the firms, with whom they have insurance contract will pay for the damages (Davis, 2010) . The government should ensure, through appropriate legislations that insurance companies pay the bills for the clients in order to make the cost of medication cheap and affordable and avoid situations where clients have to bargain for such bills to be paid. Adams, C.. (2003).