Question: Please solve i. (a) and (b) FT is a leading commodity trading company headquartered in Singapore. SL is a company that processes, packs and sells

Please solve i. (a) and (b)

FT is a leading commodity trading company headquartered in Singapore.

SL is a company that processes, packs and sells soybeans from over 20 farms across Australia.

FT purchased 100 metric tons of Australian grown non-GMO (non-Genetically Modified) soybeans from SL. The purchase was made under a CIF contract, goods to be shipped to Hong Kong from Port Kembla, New South Wales, Australia, latest date of shipment, March 15, 2018.

[Facts]

When the goods arrived in Hong Kong, the soybeans were tested by a laboratory in Hong Kong and found to be genetically modified soybeans. FT promptly emailed the laboratory results to SL, complaining of the non-conformity.

  1. Can FT can claim damages and avoid the contract under the CISG? Would your analysis change if:

(a) FTs own employee had forgotten to send the soybeans for immediate testing in the laboratory, but only remembered to do so 2 months after their arrival in Hong Kong?

(b) The original batch of soybeans grown had been destroyed due to a freak weather occurrence in Australia, and SL had no choice but to replace them before delivery with genetically modified soybeans?

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