A more recent version of these Sale Of Goods Terms Internationally notes – written by Cambridge And Oxilp And College Of Law students – is available here.
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ICL Workshop 5
Workshop Task Part 1 (Report on the Case) This part of the question asks for a report. The purpose was simply to state that in an exam question, there may be a dispute of terms and Choice of Jurisdiction and I may be asked to determine where Delivery took place where an INCOTERM was incorporated into the contract. The answer should therefore incorporate the case law in Electrosteel with reference to Brussels I Article 5(1)(b) is that: Under Electrosteel Europe sa v Edil Centro SpA the place of deliver under Brussels I Article 5(1)(b) is:
? As expressly stated in the contract (including any incoterm to which the contract refers); or
? If this is not clear from the contract itself, place of delivery shall be the place of physical delivery into the buyer's hands. Part 2 Jursidiction: Thus, this part of the question puts into practical context the Case of Electrosteel with reference to Jurisdiction: Electrosteel states that Jurisdiction is determined as expressly stated in the contract including any INCOTERMS, the INCOTERM here is CIF and legal delivery of the goods passes to the buyer on physical delivery on board of the ship, on the facts this is Scheldemond UK. Therefore, the jurisdiction under Brussels I Article 5(1)(b) the contract is UK. Options:
1. Allow proceedings to start in Holland and then contest the Jurisdiction under Article 5(1)(b) which states that jurisdiction is where delivery happened. Under the CIF INCOTERM incorporated into the contract delivery took place in the UK and thus, Jurisdiction is the UK. Moreover, under Brussels I, Article 2 the defendant is to be sued in his home country. In this case the UK.
2. Issue proceedings in the UK in an "Action for the Price" either under the contract or under s.49 SGA.
3. Negotiate with the client by offering them a discount or waive the payment.
Consolidation: Rome I and Brussels purposes of Brussels contract including any is silent or unclear as delivery)
I (Including relevant case law i.e. Electrosteel (For the Art 5(1)(b): the place of delivery is that stated in the INCOTERMS that the contract may contain. If the contract to place of deliver, delivery will be the place of physical
- could you apply them to a given fact pattern?
Vienna Convention (CISG), UCC, PECL and UNIDROIT principles:
- When do they apply:
? e.g. is it where parties have businesses base in relevant states?
? Express inclusion/exclusion? Etc...
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