Assessment task 4 – case study no 2.
Read the sample purchase contract below and answer the following questions. You will see that many questions could be answered in a few words. However, each question asks you also to explain why you have reached your particular answer. This means that in addition to your answer you will need to support it by making reference to particular regulatory provisions and possibly illustrative cases.
Your answer should be in the form of a report, using a separate paragraph for your answer to each question and where appropriate using dot points. This is not an essay, but a report designed to inform the reader (if you wish it could be the buyer or the seller that you are informing) who is intending to enter into the contract.
Word count – 750 – 1000 words. References are not counted. 10% over required length is permitted. There is no specific allocation of words to any question – it is for you to judge.
1. Are the ICC Incoterms 2010 terms incorporated into this contract? If so who is responsible to arrange carriage and insurance for the goods? Explain why. What would be your preference?
2. The law of which jurisdiction applies to this contract? Explain why.
3. If the contract did not contain a choice of law clause, it is most likely that the law of which jurisdiction would apply to this contract? Explain why.
4. Could the UN Convention for the International Sale of Goods (CISG) signed at Vienna apply to this contract? Explain why.
5. Which party, the seller or the buyer, is clause 5 of this contract designed to protect? Explain why.
6. Which party’s interests, the buyer’s or the seller’s, are protected by clauses 6, 7 and 8 of this contract? How would these clauses assist the relevant party? Explain why.
7. Which party do you think drafted this contract? Briefly explain.
8. If a dispute arises between the parties to this contract, how and where should that dispute be resolved? Explain why.