Question 1 An Italian producer of wine concluded a contract with an English buyer for a supply
Question:
Question 1 An Italian producer of wine concluded a contract with an English buyer for a supply of red wine. According to the contract, the seller was obliged to provide the buyer with a sample of the finished product for final approval prior shipment. The buyer was provided with analysis report of the wine, which indicated that the quality of the product was as expected. Shipment was expedited without the sample approval as stipulated in the contract. The buyer advanced payment for the shipment in good faith and received the shipment of wine on its arrival in the UK. Subsequently, a claim was filed by the buyer and legal actions followed. The wine that was delivered turned out to be inferior in quality and could not be sold in the English market as intended. (a) Demonstrate your understanding of the CISG by determining if the agreement described above is automatically governed by CISG. If not, why? (The answer to this question must demonstrate the process of your analysis and draw on relevant articles of law for support) (25 marks) (b) As the counsel to the Italian wine producer, employ a plausible and well supported defence strategy that might help the defendant avert the need to indemnify the buyer for the losses. (The answer to this question must demonstrate the process of your analysis and draw on relevant articles of law as support) (25 marks)