This problem-based assignment is designed to test your ability to use the IRAC legal problem solving method. The task is designed to test your knowledge and understanding of international trade law, your ability to identify relevant legal issues, and your ability to apply the relevant law to the legal issue 1800-2000 WORD answer

Question 1 (20 marks) Stark Industries Pty Ltd (Stark Industries), a private limited company based in San Francisco, California, ordered 2,000 pieces of jewellery and corporate souvenir items made of Malayan pewter from Wakanda Sdn. Bhd. (Wakanda), a company based in Kuala Lumpur. Stark Industries and Wakanda signed a contract on 19th March 2018, indicating the specific types of jewellery which included broaches, pendants for chains and corporate souvenir items made of original Malayan pewter. The total cost of the items were USD 20,000. The contract contained no choice of law clause, but indicated that any dispute would be resolved in a California court of law. On 31st March 2018, Wakanda signed a carriage contract with Falcon Airways, based in Hong Kong for the delivery of the 2,000 pieces of Malayan pewter jewellery and souvenir from Kuala Lumpur International Airport to San Francisco International Airport, via Hong Kong. Falcon Airways had contacted Blackbird Airlines based in Kuala Lumpur to carry the cargo from Kuala Lumpur to Hong Kong. On 22nd May 2018, Wakanda packaged the 2,000 pieces of jewellery and souvenirs in four boxes, and delivered the cargo to Blackbird Airlines, as advised by Falcon Airways. Blackbird Airlines had proceeded to issue an air waybill and remarked that the packages were in good condition and order. On the same day, there was an alleged security threat at Kuala Lumpur International Airport, which led to all cargo being scrutinised for any elements of metal objects. During the screening, the airport authorities opened the four boxes containing the jewellery and souvenirs. After finding it to be of no security threat, they put the items back into the boxes. The flight took off a day late. The boxes finally arrived at San Francisco International Airport on 24th May 2018, and employees of Stark Industries collected the cargo from the airport. After transporting the cargo to Stark Industries headquarters, it was discovered that there were only 1,500 pieces of jewellery and souvenirs. Stark Industries also realised that some of the jewellery was not made of Malayan pewter but of Sterling Silver.

(a) Advise Stark Industries as to the claims it may have against Wakanda. [10 marks]

(b) Advise Wakanda on its course of action for the losses it may suffer and to what extent it can be compensated by either Falcon Airways and/or Blackbird Airlines. [10 marks]

Question 2 (20 marks) On 4th May 2017, Skywalker Pty Ltd (Skywalker), an Australian company engaged in the production of lamb meat, entered into a contract with Biri-Biri Sdn. Bhd. (Biri-Biri), a company based in Kuala Lumpur, Malaysia to supply 1,000 kilograms of lamb meat at AUS$100 per kilogram, CFR from Melbourne to Kuala Lumpur. Skywalker was made aware that Biri-Biri needed Australian lamb meat of good quality to supply to restaurants in Malaysia where Australian lamb had in recent years become a popular delicacy. The contract contained no choice of law clause. On 11th May 2017, Skywalker entered into a contract in Melbourne with Millennium Falcon, a carrier company having its place of business in Melbourne, Victoria, to transport the lamb meat. According to the contract, the meat would be packed and frozen in a refrigerated container. On 11th June 2017, Skywalker delivered the meat to Millennium Falcon at the dock in Melbourne. Millennium Falcon made a brief check of the cargo against the description and issued a Bill of Lading which stated 1,000 kilograms of lamb meat received in good condition. The Bill of Lading contained a clause excluding liability on the part of Millennium Falcon for any loss occasioned in the voyage. The meat had been packed by Skywalker in 50 packages of 20 kilograms each. The crew members of Millennium Falcon were rough in handling the cargo and dropped the packages repeatedly whilst loading. On 19th June 2017, about 444 km from its destination, the ship was hit by a heavy storm and rough seas which damaged the electricity supply to the refrigeration unit. On 27th June, the ship finally arrived in Malaysia where employees of Biri-Biri presented the Bill of Lading to the carrier and received the cargo. They discovered that 30 packages of the cargo was contaminated and unusable, while the remaining 20 packages contained meat that was actually kangaroo meat which was in better condition. Biri-Biri had received nothing that they ordered.

(a) Advise Biri-Biri as to the claims it may have against Skywalker. [8 marks]

(b) Advise Millennium Falcon of its liability for any loss suffered. [10 marks]

(c) Discuss briefly whether your advice in (b) would differ if the contract had been based on DDP instead of CFR. [2 marks]