International Business Law

Job ID: 32341519

Budget: €30 – €250 EUR

Widgets Suppliers Ltd, a US company as the Seller, entered into a contract with Computer Specialist Ltd, a Chinese company as the Buyer, for the sale and delivery of 350.000 widgets before or on the 10th December 2021. Both parties agreed that time was of the essence. On the 11th December 2021, Computer Specialist Ltd informs Widgets Suppliers Ltd declaring that the contract is avoided.

Widgets Suppliers Ltd. delivers the widgets on the 11th December 2021, but Computer Specialist Ltd refuses to accept the goods.

2. Questions
2.1.- Is the Seller liable?
2.2.- Suppose, in question 1, the Seller on the 3rd December contacted the Buyer to inform them of the delay and the Buyer accepted. Would the Seller be liable?
Apply the CISG articles to the above contract between Buyer and the Seller.

Your analysis and decision need to include the following:
Applicability of the CISG;
The rules on the goods;
Formation of the contract;
The buyer´s and seller´s obligations;
Analyze the case from the seller´s and buyer´s point of view;
Remedies of the seller and/or of the buyer;
Lack of conformity of the goods;
Avoidance of contract and damages;
Defenses;
The standard provisions and any other legal elements that you can think of.
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