国际贸易法Chapter 2.1 brief introduction of contract law.pptVIP

Chapter 2 ITL Contract Laws This chapter is very very very important!~~~~ Chapter 2 ITL Contract Laws The Relevant Rules Formation of a Contract Validity and Invalidity of a Contract Performing a Contract Risk and Property Breaches and Remedies Contract Law has priority DISCUSS: What is Place of Business(PoB)? What about if more than one or no PoB? Case An Austrian company, plaintiff, entered into a contract for the purchase and transport of sprits to Russia with the Swiss branch of a company that had its headquarters in Liechtenstein. The contract was never performed because a dispute arose among the parties regarding the mode of transport and the final date of performance. The Austrian buyer sued the Swiss seller for repayment of an advance payment, while the defendant claimed damages for breach of contract. The court held that, even though Liechtenstein was not a contracting State, the Convention was applicable because the Swiss branch, not the Liechtenstein headquarters, was the place of business that had the closest relationship to the contract and its performance. CISG art. 1, 10 Case The defendants, two Swiss sellers of computer software, attached the Swiss bank accounts of the plaintiff, a French buyer, and asked for specific performance of the sale of software contract, which had been declared avoided by the plaintiff. The court ruled under Swiss law in favor of the defendants. Because CISG enter into force in SW on 1 March 1991, while the contract was concluded on 21 Sep. 1990. Pursuant to CISG art. 100, CISG only apply to contracts concluded on or after 1 March 1991. Case 2 The defendant, an Austrian seller of imported Italian cars, sold a Lamborghini Countach to the plaintiff, a Swiss buyer. The seller, however, could not deliver the car to the buyer. The court held that since that car was purchased for personal use, in accordance with its article 2(a), the CISG was not applicable to the case. Netherless, the court stated that the CISG co