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INTERNATIONAL CONTRACT LAW, PART II

CASE WORK INSTRUCTIONS

Student will go deeper into the field of international contracting and sales in the form of a large scale case. By thoroughly going through the case and all the legal materials, which surround it the aim is to provide the student with an international commercial “legal tool pack”, with which the student will be able to process similar situations of international sales also in the future – even if/when the rules change.

SOURCES:

You may start your case solving by going to: http://www.cisg.law.pace.edu/ This site is an excellent tool for operating the CISG!!! The site includes scholarly writings on the CISG Articles, links to relevant information and lots of cases with regard the CISG.

At that internet site, you may start at the hyperlink pointed out below and continue as shown to f.ex. scholary writings on each Article:

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Or you may want to check the Advisory Council opinions:

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You may also use any other international sources of law, such as:

http://www.cisg.law.pace.edu/cisg/CISG-AC-op2.html

http://frontpage.cbs.dk/law/commission_on_european_contract_law/

http://www.unidroit.org/

http://www.iccwbo.org/incoterms/id3045/index.html?cookies=no

When presenting your arguments, try also to describe the legal background of any relevant law that you are applying (f.ex. interpretations of any given CISG Article based on cases / scholarly writings).

WHEN SOLVING THE CASE, YOU SHOULD FIND AND DISCUSS THE FOLLOWING LEGAL CONCEPTS/TOPICS:

- Applicable law

o interpretation?

- Contract

o reasonable person?

o implied expression of will?

o unilateral contract modifications?

o interpretation, offer and acceptance and negotiations?

- Risk of loss

o various terms, the legal effect

o “FREE DELIVERER”?

o reasonable person?

- Giving notice...