Plaintiff, a Swiss corporation, entered into contracts to purchase chicken from B.N.S. International Sales Corporation. Defendant was

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Plaintiff, a Swiss corporation, entered into contracts to purchase chicken from B.N.S. International Sales Corporation. Defendant was a New York corporation. The English language contracts called for the delivery of “chicken” of various weights. When the birds were shipped to Switzerland, the 2-lb. sizes were not young broiling chickens as the plaintiff had expected, but mature stewing chickens or fowl. The plaintiff protested, claiming that in German the term chicken referred to young broiling chickens. The question for the court was: What kind of chicken did the plaintiff order? Was it “broiling chicken,” as the plaintiff argued, or any chickens weighing 2 lbs., as the defendant argued? Frigaliment Importing Co., Ltd. v. B.N.S. International Sales Corp., 190 F. Supp 116 (S.D.N.Y. 1960). What could the parties have done to avoid this misunderstanding?

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International Business Law and Its Environment

ISBN: 978-0324649659

7th Edition

Authors: Richard schaffer, Filiberto agusti, Beverley earle

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