Contract For Avoidance Of The Sales Contract Essay example

1469 Words Jan 11th, 2015 null Page
THIRD ISSUE: RESPONDENT has valid grounds for avoidance of the Sales Contract on 7 July 2014 and 9 July 2014
B.CLAIMANT did breach the Sales Contract on 4 July 2014 and 8 July 2014
I. CLAIMANT breached the Sales Contract for the inconsistency between the Sales Contract and the letter of Credit opened on 4 July 2014
1. The CISG applies to the merits of the case at issue
Pursuant to Article 20 of the Sales Contract [Cl. Exh.1, p. 7], “The contract, including this clause, shall be governed by the law of Danubia”. As Danubia is a Contracting State to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) [R.A., p. 5, para. 18], the Convention applies automatically to the contract despite the fact that one party or both parties do not have their places of business within a Contacting State [1]. Article 1 (1) (b) applies to the merits in the case at issue. Further, subject to the fact that when the CISG applies by law it can supersede otherwise applicable domestic law to the contrary [2Chengwei]. UNIDROIT Principles of International Commercial Contracts 2010(hereinafter UNIDROIT Principles 2010), which is the Contract law of Danubia[PO 2, p. 69, para. 43], cannot be applied directly, but be permitted as a last resort when it is not sufficient[3].
2. It is CLAIMANT’s essential obligation to pay the price required under the Sales Contract
The obligations of the CLAIMANT, as stated in the Article 53 CISG, “The buyer must pay the price for…

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