Management

1. This case law focus on contracts for International sales of goods. Countries involved are Australia, India and Germany. Since this case is International and treat of International Sales of good Australia and Germany are members of the Vienna Convention. India member of United Nations Commission on International Trade law (UNCITRAL). We apply contracts for International sales of goods as Article 1:This Convention applies to contracts of sale of goods between parties whose places of business are in different States: when the rules of private international law lead to the application of the law of a Contracting State. Australia is a member state therefore Contract of International sales of good apply.

2. On the 1st of August 2005, ACG send leaflets to their regular customers. According to CISG law definitions of an offer and an invitation are:

a) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer it is sufficiently definite and indicates the intention of the offer or to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price.

b) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal. Article 14. Therefore in this case ACG is making an invitation.

3. On the 5th of August Habib (Indian company), send an offer via post to ACG that they will buy all of the computers. According to Article 15: An offer becomes effective when it reaches the offeree. In that case when ACG will receive the offer it will become an effective offer. ACG the receive the letter on the 15th of August. Therefore there is no contract between ACG and Habib.

4. On the 10th of August Habib tell Shabana (a friend) that they receive an invitation...