3 Hour Paper Candidates may take into the examination room and by asafwewe

VIEWS: 3 PAGES: 3

More Info
									1
3 Hour Paper
Candidates may take into the examination room and consult their own copy of the
United Nations Convention on Contracts for the International Sale of Goods 1980,
as well as their own Queen's Printer's copy of the following statutes: Sale of Goods
Act 1979, Sale and Supply of Goods Act 1994 and Sale of Goods (Amendment) Act
1995. They may also use Commercial and Consumer Law in the Butterworths
Student Statutes series, Blackstone's Statutes on Commercial & Consumer Law and
Carr & Kidner, Statutes and Conventions on International Trade. All material must
be clean apart from underlinings and statutory amendments.
UNIVERSITY OF MANCHESTER
INTERNATIONAL SALE OF GOODS
LAWS 63051
For candidates taking:
DEGREE OF LL.M. IN INTERNATIONAL BUSINESS LAW
DEGREE OF LL.M. IN EUROPEAN BUSINESS AND TRADE LAW
DEGREE OF LL.M. IN EUROPEAN LAW AND POLICY
DEGREE OF LL.M. IN CORPORATE GOVERNANCE
Monday, 14 January 2008
9.45 am
The use of electronic calculators and dictionaries is prohibited unless a specific
instruction on their use is given at the head of this paper.
Answer THREE questions, at least ONE question from each Part.
LAWS63051
PTO
2
PART A
Answer at least ONE question from this section
1.
In a contract made subject to English law, Lamb in New Zealand agreed to sell
Weaver, a manufacturer of clothes in England, 1000 bales of clean wool f.o.b.
Auckland (a port in New Zealand), shipment to be made in April. Weaver
nominated MV Cloudy Bay, owned by Fox, and on 30 April Lamb delivered a
quantity of wool on board the Cloudy Bay. Lamb was issued with a bill of lading
stating that 1000 bales of wool had been shipped in apparent good order and
condition. Lamb indorsed the bill of lading to Weaver. When the Cloudy Bay
arrived in the English port of Southampton, Weaver discovered that there were
only 990 bales of wool, that the wool was dirty and would require cleaning before
it could be used for making clothes, and that 100 bales had been damaged by sea
water during the voyage and could not be used at all.
Discuss Weaver's rights against Lamb. What difference (if any) would it have
made to your answer if the United Kingdom had adopted the United Nations
Convention on Contracts for the International Sale of Goods 1980 and made it
part of English law? (New Zealand is a Contracting State.)
In a contract made subject to English law, Paz in Uruguay agreed to sell 1000
boxes of concentrated orange juice to Smith in England c.i.f. Bristol (a port in
England), shipment to be in May from a port in Uruguay and price to be paid
against documents. Paz then agreed to buy 1000 boxes of orange juice from Diaz
in Uruguay on the same terms. On 2 June Diaz shipped a consignment of orange
juice on MV Citrus, owned by Fox, in Montevideo (a port in Uruguay). Diaz
persuaded Fox to issue a bill of lading stating that the orange juice was shipped on
31 May. Diaz presented the bill of lading to Paz, together with a certificate of
insurance covering the orange juice. Paz has now presented these documents and
an invoice for the goods to Smith, who has discovered that the Citrus did not start
loading until 1 June and that the juice therefore could not have been shipped on
31 May. Smith has found a cheaper source of orange juice and is no longer
interested in continuing with his contract with Paz. He wishes to know whether
he can lawfully refuse to accept the documents and pay for the juice.
2.
Discuss Smith's rights against Paz. What difference (if any) would it have made
to your answer if the United Kingdom had adopted the United Nations
Convention on Contracts for the International Sale of Goods 1980 and made it
part of English law? (Uruguay is a Contracting State.)
PTO
LAWS63051
3
PART B
Answer at least ONE question from this section
3.
EITHER
(a)
Alison Williams has argued that "the CISG does not solve all the possible
problems that could arise. The ambiguity of some provisions in the CISG
is such that further clarification in the contract is advisable. ... The CISG
can, however, enhance English ... law".
Discuss this assessment of the United Nations Convention on Contracts
for the International Sale of Goods 1980 and the impact its adoption would
have on English law, making reference to Parts I and III of the
Convention.
OR
(b)
Commenting on remedies for breach of contract, Carr has observed that
"The Vienna Convention is primarily interested in ensuring the fulfilment
of the contract".
Discuss in relation to the buyer's remedies, comparing the United Nations
Convention on Contracts for the International Sale of Goods 1980 with
English law.
"F.o.b. contracts are completely different from c.i.f. contracts."
4.
Discuss with reference to English law and Incoterms 2000.
Commenting on the possibility of risk passing "as from shipment" in c.i.f.
contracts, Debattista has said, "the law needs to be stated somewhat cautiously
because the authorities ... are unclear and writers in the area are divided."
5.
Discuss, comparing English law with Incoterms 2000 and the United Nations
Convention on Contracts for the International Sale of Goods 1980.
"As far as c.i.f. and f.o.b. contracts are concerned, it would be better if the Sale of
Goods Act 1979 said that property is presumed to pass on delivery."
6.
Discuss, comparing the approach taken by English law with that taken by
Incoterms 2000 and the United Nations Convention on Contracts for the
International Sale of Goods 1980.
LAWS63052

								
To top