Question: what are the lessons learned from this case summary? This case involves an agreement between an Italian and U.S.A companies named Viva Vino Import Corporation

what are the lessons learned from this case summary?

This case involves an agreement between an Italian and U.S.A companies named Viva Vino Import Corporation and Farnese Vini S.r.l. In this case Viva Vino Import Corporation (Plaintiff) sue Farnese Vini S.r.l (Defendant) due to the reasons of breach of contract, unjust enrichment, promissory estoppel and intrusion with business relations. Plaintiff argues CISG because it does not apply to distributorship contracts which do not cover the sale of specific. And those who are not having definite terms regarding the price or types of goods to be sold. This case arises out of three alleged agreements between Viva Vino Import Corporation (Plaintiff) and an Italian company Farnese Vini S.r.l. (Defendant). These agreements are vital for the distribution of defendant wines in Pennsylvania and other parts of the United States of plaintiff. Defendant claims that at the place of CISG, Pennsylvania law/Italian law should be applied because it does not cover the sales of particular goods and even not containing definite terms regarding quantity and price. The parties approve that this case boons a true conflict with respect to both the contract and tort claims at issue. Thus, the court considers factors like place of contracting, the place of performance, the place of negotiation of the contract, the place where the injury occurred, the place where the conduct causing the injury occurred, the place where the relationship between the parties was centred and various other factors to determine which jurisdiction. Pennsylvania or Italy which has the greater interest in the application of its law to these claims. After that the court settles with the rationale implemented by the court in Helen Kaminski,1997 WL 414137. And also accomplishes that the Law of Pennsylvania should be applied at the place of CISG. Because CISG only applies to the contracts including sales of specific goods and not apply to the distributorship contracts that do not cover the sale of specific goods and contain definite terms regarding quantity and price. In all we can conclude that the agreements do not, the CISG is not applicable.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!