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ITBL K46 CLC 2024 Set of Assignments

The document outlines 8 assignments for a course on international trade and business law. Each assignment presents a scenario involving international commercial transactions and requires students to write a memo from the perspective of one party using the IRAC method and then defend their position orally.

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90 views

ITBL K46 CLC 2024 Set of Assignments

The document outlines 8 assignments for a course on international trade and business law. Each assignment presents a scenario involving international commercial transactions and requires students to write a memo from the perspective of one party using the IRAC method and then defend their position orally.

Uploaded by

Thu Trang
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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High quality training K46

Course on International Trade and Business Law


Set of assignments, 2023 - 2024

General requirement: Write a memo, using the IRAC (Issue – Rules –


Application – Conclusion) method to solve assignments.
Teamwork assignment:
Submission date: Week 14 on Seminar session.
Presentation date: Week 15, Seminar session.
Question: Choose one of following mini moot cases to settle as follows. In one
seminar session, each group is not permitted to choose the same assignment.
Students are allowed to make assumptions or add reasonable facts to support for
their arguments.

1. Nieuwenhuis Vo.f, a Dutch company from Alkmaar, supplies 1,500 kilos of


Leerdammer cheese to Brown Ltd., a company established in the UK. The
English buyer pays only half of the price, claiming that he received only half of
the quantity he ordered. Since this is utterly untrue, the Dutch seller wants to
claim the remaining half of the price from the English buyer.
Question: Could be the CISG applied in this case? You are lawyer for Dutch
seller. Please write a memo and defend Dutch seller orally.
2. Nieuwenhuis Vo.f, a Dutch company from Alkmaar, supplies 1,500 kilos of
Leerdammer cheese to Brown Ltd., a company established in the UK. The
English buyer pays only half of the price, claiming that he received only half of
the quantity he ordered. Since this is utterly untrue, the Dutch seller wants to
claim the remaining half of the price from the English buyer.
Question: Could be the CISG applied in this case? You are lawyer for English
buyer. Please write a memo and defend English buyer orally.
3. Anders, a company established in Germany, offers Egberts, a company
established in the Netherlands, a consignment of coffee. Anders informs Egberts
in writing that the time limit for Egberts to accept the offer is three months. One
month after his offer to Egberts, Anders sees an opportunity to sell these goods to
Christensen, a company from Denmark, at a much higher price. Anders revokes the
offer made to Egberts. Nevertheless, Egberts accepts the offer after Anders has
revoked it.
Question: Whether an agreement has been reached under the CISG in this case?
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You are lawyer for Anders. Please write a memo and defend Anders orally.
4. Anders, a company established in Germany, offers Egberts, a company
established in the Netherlands, a consignment of coffee. Anders informs Egberts
in writing that the time limit for Egberts to accept the offer is three months. One
month after his offer to Egberts, Anders sees an opportunity to sell these goods to
Christensen, a company from Denmark, at a much higher price. Anders revokes the
offer made to Egberts. Nevertheless, Egberts accepts the offer after Anders has
revoked it.
Question: Whether an agreement has been reached under the CISG in this case?
You are lawyer for Egberts. Please write a memo and defend Egberts orally.
5. Abels, a company established in the Netherlands, sells to Bartels, a company
established in Germany, a number of radios at a price of 150,000 Euros. The
moment they are delivered to Bartels it becomes clear that these radios suffer
from an electronic defect. Abels and Bartels negotiate that payment method will
be L/C.
Question: Can the buyer ask the bank to revoke L/C or apply for an injunction
granted by the court for stopping payment? You are lawyer for seller. According
to UCP 600, please write a memo and defend seller orally.
6. Abels, a company established in the Netherlands, sells to Bartels, a company
established in Germany, a number of radios at a price of 150,000 Euros. The
moment they are delivered to Bartels it becomes clear that these radios suffer
from an electronic defect. Abels and Bartels negotiate that payment method will
be L/C.
Question: Can the buyer ask the bank to revoke L/C or apply for an injunction
granted by the court for stopping payment? You are lawyer for buyer. According
to UCP 600, please write a memo and defend buyer orally.
7. A seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to a
buyer in Japan. The buyer designated the SS Russet to take delivery at Pier 7 in
Tacoma. On the agreed-upon date for delivery, the seller delivered the potatoes
to Pier 7, but the ship was not at the pier. Because another ship using the pier was
slow in loading, the SS Russet had to anchor at a mooring buoy in the harbour
and the seller had to arrange for a lighter to transport the potatoes in containers to
the ship. The lighter tied up alongside the SS Russet, and a cable from the ship's
boom was attached to the first container. As the container began to cross the ship's
rail, the cable snapped. The container then fell on the rail, teetered, and finally
crashed down the side of the ship, causing the lighter to capsize. All of the
potatoes were dumped into the sea. The buyer now sues the seller for failure to
make delivery.
Question: Is the seller liable under INCOTERMS 2010? You are lawyer for
buyer. Please write a memo and defend buyer orally.

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8. A seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to a
buyer in Japan. The buyer designated the SS Russet to take delivery at Pier 7 in
Tacoma. On the agreed-upon date for delivery, the seller delivered the potatoes
to Pier 7, but the ship was not at the pier. Because another ship using the pier was
slow in loading, the SS Russet had to anchor at a mooring buoy in the harbour
and the seller had to arrange for a lighter to transport the potatoes in containers to
the ship. The lighter tied up alongside the SS Russet, and a cable from the ship's
boom was attached to the first container. As the container began to cross the ship's
rail, the cable snapped. The container then fell on the rail, teetered, and finally
crashed down the side of the ship, causing the lighter to capsize. All of the
potatoes were dumped into the sea. The buyer now sues the seller for failure to
make delivery.
Question: Is the seller liable under INCOTERMS 2010? You are lawyer for seller.
Please write a memo and defend seller orally.

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