It is important to support your analysis for Question $1$ with relevant legal principles, case

law and additional research, where appropriate.

As part of your answers, you should $($where relevant$)$ provide specific examples based on the

scenario contemplated below, so as to demonstrate your understanding and application of

the relevant concepts. You may make reasonable assumptions, as part of your analysis.

Question $1$

Meatless Meals $($MM$)$ is a company dealing in the manufacture and sale of plant$-$based meat,

with its place of incorporation, headquarters and manufacturing facilities in Singapore.

It has a branch $($with a legal representative$)$ in Shanghai, China. The branch is legally

permitted to enter into contracts. However, all debts and liabilities of the branch still lie with

the parent company $-$ the branch is not considered a separate legal entity from the parent

company. This would mean that creditors of the branch may still sue the parent company.

MM$$s branch in Shanghai entered into a long$-$term contract to buy soy and tofu from a seller

based in Beijing, China. Under the contract, the branch is responsible for the payment,

although delivery shall be made to MM$$s manufacturing facilities in Singapore.

Under their contract, MM$$s branch is required to arrange for a letter of credit for each order

once the seller confirms that it has booked containers for each delivery. For the first order, the

seller duly booked the containers and scheduled the delivery date. However, MM decided that

it wished to cancel the first order as its factory in Singapore is experiencing issues with the

production equipment. Hence, neither MM nor its branch arranged for a letter of credit to be

issued.

The seller has come to you for advice.

$($a$)$ Interpret the United Nations Convention on International Sales of Goods $($UNCISG$)$

and discuss whether UNCISG applies to the abovementioned contract. You should cite

the relevant provision$($s$)$ of UNCISG to support your analysis.

In your answer, you should also discuss one $(1)$ possible issue relating specifically to

the entry by MM$$s Shanghai branch into the contract with a seller based in Beijing.

Provide two $(2)$ possible interpretations of the facts given above.

Conclude whether UNCISG would apply to the above contract.

$(40$ marks$)$

LOG$305$ Tutor$-$Marked Assignment

SINGAPORE UNIVERSITY OF SOCIAL SCIENCES $($SUSS$)$ Page $6$ of $6$

$($b$)$ Assume that UNCISG applies to the above scenario. Demonstrate whether the seller

was entitled to treat the contract as breached and whether it would be entitled to

damages.

You should cite the relevant provisions of UNCISG and provide examples of different

types of damages that are contemplated under UNCISG, to support your answer.

$(30$ marks$)$

$($c$)$ Assume that the seller and buyer manage to resolve their dispute through arbitration.

Analyse how the seller and buyer can leverage on digital trade innovations $($such as

blockchain$)$ to improve the effectiveness and efficiency of their transactions under their

contract for soy and tofu.

In your answer, you should also consider at least one $(1)$ benefit and one $(1)$

disadvantage of the societal impact of their use of digital trade processes.

$(30$ marks$)$