Plastic Makers Limited is a company based in Winnipeg, Manitoba, Canada. It entered into a contract...
Fantastic news! We've Found the answer you've been seeking!
Question:
Transcribed Image Text:
Plastic Makers Limited is a company based in Winnipeg, Manitoba, Canada. It entered into a contract to purchase plastic molds from Excellent Plastics, a company based in Prague, Czech Republic. Under the contract that both companies signed, Excellent Plastics was to supply 2,000 plastic molds to Plastic Makers at the cost of 1 Million USD. Excellent Plastics, while it has its head office in Prague, Czech Republic, also has a production facility in Budapest, Hungary and a sales outlet in Alabama, United States. In the contract that the two companies signed, there were clear specifications regarding the packaging and standards of the plastic molds. The molds were also required to be delivered at a specific time. Plastic Makers have filed a suit in the Manitoba Superior Court against Excellent Plastics resulting from this transaction. In the claim, Plastic Makers alleged that Excellent Plastics breached the contract to supply the molds according to the packaging and standard specified in the contract. Plastic Makers also allege that Excellent Plastics breached the warranty as to the fitness of the molds. Furthermore, Plastic Makers allege that the molds were not delivered at the time specified under the contract. While Canada, Czech Republic and United States of America are all state parties to the United Nations Convention on International Sale of Goods, (CISG) the parties to this contract did not indicate the law to govern the contract or the court that will exercise jurisdiction in the event of a dispute. Answer the following questions. Your answer to each question should not exceed 150 words. [1] Article 1 of the CISG stipulates two conditions under which the Convention can apply in a sale of goods transaction, what are the conditions? (7.5 Marks) [2] Since Plastic Makers and Excellent Plastics did not choose any law to govern their contract, what law should the Manitoba Superior Court apply in deciding this case? (7.5 Marks) Plastic Makers Limited is a company based in Winnipeg, Manitoba, Canada. It entered into a contract to purchase plastic molds from Excellent Plastics, a company based in Prague, Czech Republic. Under the contract that both companies signed, Excellent Plastics was to supply 2,000 plastic molds to Plastic Makers at the cost of 1 Million USD. Excellent Plastics, while it has its head office in Prague, Czech Republic, also has a production facility in Budapest, Hungary and a sales outlet in Alabama, United States. In the contract that the two companies signed, there were clear specifications regarding the packaging and standards of the plastic molds. The molds were also required to be delivered at a specific time. Plastic Makers have filed a suit in the Manitoba Superior Court against Excellent Plastics resulting from this transaction. In the claim, Plastic Makers alleged that Excellent Plastics breached the contract to supply the molds according to the packaging and standard specified in the contract. Plastic Makers also allege that Excellent Plastics breached the warranty as to the fitness of the molds. Furthermore, Plastic Makers allege that the molds were not delivered at the time specified under the contract. While Canada, Czech Republic and United States of America are all state parties to the United Nations Convention on International Sale of Goods, (CISG) the parties to this contract did not indicate the law to govern the contract or the court that will exercise jurisdiction in the event of a dispute. Answer the following questions. Your answer to each question should not exceed 150 words. [1] Article 1 of the CISG stipulates two conditions under which the Convention can apply in a sale of goods transaction, what are the conditions? (7.5 Marks) [2] Since Plastic Makers and Excellent Plastics did not choose any law to govern their contract, what law should the Manitoba Superior Court apply in deciding this case? (7.5 Marks)
Expert Answer:
Answer rating: 100% (QA)
1 Article 1 of the CISG stipulates that the Convention applies to contracts of sale of goods between parties having their places of business in differ... View the full answer
Related Book For
Financial Reporting Financial Statement Analysis and Valuation a strategic perspective
ISBN: 978-1337614689
9th edition
Authors: James M. Wahlen, Stephen P. Baginski, Mark Bradshaw
Posted Date:
Students also viewed these law questions
-
http://www.nbcnews.com/id/23300489/ns/business-us_business/t/do-you-want-fries-zen/#.V6OmL01-O70 Please read the article and briefly describe what McDonalds did. Do you think such a practive will...
-
Managing Scope Changes Case Study Scope changes on a project can occur regardless of how well the project is planned or executed. Scope changes can be the result of something that was omitted during...
-
Explain the meaning of the terms emoluments, employments and office for the purposes of PAYE as you earn systems. 2. Explain the actual receipts basis of assessing the emoluments from the employment...
-
The future value S of principal P invested for n years with an interest rate r% compounded annually may be calculated using the formula Rearrange this formula to express P in terms of S, r and n. S =...
-
We propose to heat a house in the winter with a heat pump. The house is to be maintained at 20C at all times. When the ambient temperature outside drops to 10C, the rate at...
-
T raditional income statement Sales $ 1 1 6 , 5 2 8 6 , 5 2 8 Variable costs: Direct Materials $ 1 , 7 6 4 1 , 7 6 4 Direct Labor $ 2 , 5 8 7 2 , 5 8 7 Manufacturing Overhead $ 9 5 2 9 5 2 ...
-
Infections Can Lower IQ A headline in June 2015 proclaims "Infections can lower IQ." The headline is based on a study in which scientists gave an IQ test to Danish men at age 19. They also analyzed...
-
The managing directors of Wrack plc are considering what value to place on Trollope plc, a company which they are planning to take over in the near future. Wrack plc's share price is currently 4.21...
-
How does Sprouts Farmers Market fare on greenhouse emissions, land protections and water usage?
-
Potts, Inc., recently converted from a 5-day, 40-hour workweek to a 4-day, 40-hour workweek, with overtime continuing to be paid at one and one-half times the regular hourly rate for all hours worked...
-
Mike decides he needs a new truck and has budgeted $500 for monthly payments. His new truck is $53,000 and he has a loan approved for 6 years at an annual interest rate of 2.9%. What minimum down...
-
How are LLCs and LLPs related to the other forms of organization?
-
Which factor sets an upper limit on how much can be paid for savings?
-
Compare and contrast the following pairs of concepts: - weather and climate, - global warming and climate change.
-
Which is more like a snapshot of the firms operationsthe balance sheet or the income statement? Explain your answer.
-
Name at least three practical uses of forecast errors.
-
Bella's Beauty Salon's unadjusted trial balance for the current year follows: Additional information: a. An insurance policy examination showed $1,240 of expired insurance. b. An inventory count...
-
Grace is training to be an airplane pilot and must complete five days of flying training in October with at least one day of rest between trainings. How many ways can Grace schedule her flying...
-
Assume that a company needs to acquire a large special-purpose materials handling facility. Given that no outside vendor exists for this type of facility and that the company has available...
-
Suppose you are analyzing a firm that is successfully executing a strategy that differentiates its products from those of its competitors. Because of this strategy, you project that next year the...
-
A firms income tax return shows income taxes for 2017 of $35,000. The firm reports deferred tax assets before any valuation allowance of $24,600 at the beginning of 2017 and $27,200 at the end of...
-
Tesco plc is one of the worlds largest food retailers. Fiscal year 2014 (the year ended February 28, 2015) was a rocky year for the retailer. The companys sales and margins had come under pressure as...
-
Exhibit P2 displays a selected set of financial ratios for the years 20152017 of three fashion retailers: USbased Gap, UK-based Next, and Japan-based Uniqlo (Fast Retailing). Using this set of...
-
In 2009, following the worldwide credit crisis, several US-based car manufacturers, such as Chrysler and General Motors, approached bankruptcy and needed to be bailed out by the US government and...
Study smarter with the SolutionInn App