I‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍nternational Business Law – PLEASE READ (OSCOLA REFERENCING ONLY) – Number of references between 20-30 RULES: 1. Students are required to answer all questions; each question carries equal marks. 2. The overall word length of this assignment should be no more than 4,000 words, excluding appendices and references/bibliographies. 3. The OSCOLA referencing system is to be followed. This means, among other that footnotes should be included in the answers and that footnotes must be used for referencing only and should contain as little text as possible. Words in footnotes are not included in the Word count. 4. A bibliography should appear at the end of the answer to each part of the coursework. Words in the bibliography are not included in the word count for either part of the coursework. 5. All other text within the answer to each section is to be treated as part of the word count. 6. A penalty for work exceeding the word limit will be applied to work exceeding the word limit by more than 10% for either (or both) parts of the answer. QUESTION 1: Hyper Fruits (HF), a French enterprise, entered a contract for sale and delivery of exotic fruits with Scots Juicy Juice Ltd (SJJ) – a juice making company located in Aberdeen (scotland). Parties intended that property in the goods would pass at the time of the contract. The agreement provided that the buyer -SJJ, would pick up the packaged fruits (the subject matter of the contract) immediately they are informed of the readiness of the fruits. The buyer was to pick up the fruit from the seller’s address in Paris and take the goods to their place of business in Aberdeen. However, soon after the contract was concluded, lockdown measures were imposed and disrupted the importation of food and other consumable products from France and other European c‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍ountries because of the outbreak of the COVID pandemic. After the measures were lifted, HF had the fresh exotic fruits prepared, and SJJ was informed that the goods were packaged and ready for pick up. Plans were not made for cold storage for more than two weeks, but SJJ was not informed. Although, SJJ was advised to arrange to pick up immediately, as per the terms of the contract. Unfortunately, SJJ delayed for three weeks in arranging the pickup, and some of the packaged fruits were no longer fresh, while others had perished due to a fault in the cooling system of the cold storage. This damage occurred in the third week after the lockdown and disruption on the delivery of the goods were lifted. Payment was due a month after the delivery of the goods, but SJJ argued that they would not pay because some of the fruits were not fresh, and others had perished before they came in possession of them. The parties have agreed that their contract will be regulated by the Convention on International Sale of Goods 1980 (CISG). With references to the relevant provision of CISG, case law and academic sources advise the parties on their respective positions on the passing of risk. Would your answer be different if the contract was regulated by the UK Sale of Goods Act 1979? Question 1 Weighting – 50% ———————————————— QUESTION 2: “The issuing bank’s obligation, concerning letter of credits, only relates to the appearance of the documents. As long as the documents appear regular on their face, the bank must pay. A bank is not to concern itself with matters ‘off the document’ such as the condition of the goods or even their existence.” – Maurice O’Meara Co. V. National Park Bank of New York – New York Reports, vol 239, p. 386 (1925). Discuss. Questio‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍n 2 Weighting – 50%

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