Law case.
Budget: €8 – €30 EUR
Project Aim and Purpose: The aim of this project is to become familiar with the rights and obligations of the companies when carrying out business internationally and to spot issues on time in order to avoid serious consequences for the business.
Case:
A Chinese company agreed to sell and install two gas turbines CPT Prat de Llobregat Airport, Spain, to a Spanish company in Barcelona. During the negotiations, prior to the signing of the agreement, it was agreed that payment will be made upon receipt of the cargo and that the price will be set at a later stage being approximately 3 to 3.3 million euros. The two gas turbines arrived at the buyer’s warehouse in Barcelona on the 7th October 2021 and two months later when installing the gas turbines, a defect was discovered. The buyer now sues Seller for failure to comply with his obligation. Moreover, the buyer has not met his obligation of payment.
My part of the project that needs to be answered:
(450-500 words)9. Defenses (how the buyer and seeker can defend their case);
(400-500 words) 10. the standard provision and any other elements that you can think of(preservation of the goods, letter of credit, applicable law, insurances, legal courts that we can take this to in case of a breach....).
(for more context)Questions that were already answered by the rest of the group and therefore should not be included in the my 2 answers above: Applicability of the CISG, the rules on the goods, formation of the contract, the buyers and sellers obligations, analyse the case from the sellers and buyers point of view, remedies of the seller and or buyer, lack of conformity of the goods, avoidance of contract and damages
Case:
A Chinese company agreed to sell and install two gas turbines CPT Prat de Llobregat Airport, Spain, to a Spanish company in Barcelona. During the negotiations, prior to the signing of the agreement, it was agreed that payment will be made upon receipt of the cargo and that the price will be set at a later stage being approximately 3 to 3.3 million euros. The two gas turbines arrived at the buyer’s warehouse in Barcelona on the 7th October 2021 and two months later when installing the gas turbines, a defect was discovered. The buyer now sues Seller for failure to comply with his obligation. Moreover, the buyer has not met his obligation of payment.
My part of the project that needs to be answered:
(450-500 words)9. Defenses (how the buyer and seeker can defend their case);
(400-500 words) 10. the standard provision and any other elements that you can think of(preservation of the goods, letter of credit, applicable law, insurances, legal courts that we can take this to in case of a breach....).
(for more context)Questions that were already answered by the rest of the group and therefore should not be included in the my 2 answers above: Applicability of the CISG, the rules on the goods, formation of the contract, the buyers and sellers obligations, analyse the case from the sellers and buyers point of view, remedies of the seller and or buyer, lack of conformity of the goods, avoidance of contract and damages