Topic: International Commercial Law

Order Description

Question:
New Suits plc, located in Scotland, entered in to a contract for sale with Suit Up Enterprises, located in Portugal, for 5000 tailor made suits. The contract is

concluded FOB (Plymouth, UK). The contract contains the following clauses:

Clause 2.5 ‘In the event of a dispute all matters will be referred to British courts (England)’.
Clause 3.6 ‘The price payable to New Suits plc of €2.5million will be due upon delivery of the suits’
Clause 5.2 ‘Each suit will be manufactured in Ireland from locally sourced materials’
New Suits is concerned since they have never dealt with Suit Up Enterprises before. They approach you as their solicitor for advice.

Advise New Suits on the applicable law to the contract and the jurisdiction to hear any dispute

Order Description
Answer the following:

1. What are the possible legal issues raised in the above scenario from the perspective of an international contract of carriage of goods by sea? Identify and examine briefly specific laws, international standards and judicial decisions that can be relevant to adequately deal with those issues. (800 word)

2. What grounds does EG need to establish to be awarded suitable remedies? Substantiate your argument by relying on relevant standards/laws and judicial decisions. (400 word)

3. Do you think SIL has a chance of succeeding in a legal battle? Why or why not? Defend your views with special reference to legal and judicial authorities. (400 word)

4. Evaluate the liabilities of SS in both cases as raised in the scenario. Advise SS of its immunities if any. (400 word)

Instructions:
Examine issues involved in the problem scenario with adequate support and acknowledgement.

• A well structured response based on issues raised in the problem scenario
• Understanding and accurate identification of issues
• Application of the relevant legal principles to those issues
• Critical evaluation and efficient use of information
• Adequate substantiation of arguments by referring to relevant legislation, convention, treaties and case law
Other Instructions:
• Length: 2000 words

• It should conform to the Australian Guide to Legal Citation (can be downloaded at https://www.law.unimelb.edu.au/go/aglc).
Important reading materials:
1/ International Trade Law by Indira Carr (text book) Ch 8, pages 217 – 265; Ch 9, pages 268 – 306.
2/ Theodora Nikaki and Baris Soyer, ‘A New International Regime for Carriage of Goods by Sea: Contemporary, Certain, Inclusive AND Efficient, or Just Another One for the Shelves?’ (2012) Berkeley Journal of International Law.
3/ Francis Reynolds , The Hague Rules, the Hague-Visby Rules, and the Hamburg Rules
4/ Anomi Wanigasekera, COMPARISON OF HAGUE-VISBY AND HAMBURG RULES
5/ THE CMI REVIEW INITIATIVE , MARINE INSURANCE
6/ Implied obligations in a contract of affreightment.
7/ nternational Convention for the Unification of Certain Rules of Law relating to Bills of Lading (“Hague Rules”), and Protocol of Signature
(Brussels, 25 August 1924)