S-Teacher's Model Answers for Macy's Buyers

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United Nations Convention for International Sale of Goods
Contract Hypotheticals:
October 17, 2018
Team Information:
Macy’s
1. Member:
Joy
___Seller
Sanfu
The Gap
I.D. number: 0161920
H&M
、
Short Statement of your Issue:
Does the UNCISG apply to this contract issue?
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 1(3): The nationality of the parties isn't to be taken into consideration in determining
the application of this Convention.
Article 10(a): If a party has more than one place of bussiness, the place of bussiness is that
which has the closest relation to the contract.
Teacher: ____ English
Comments:
_____ Knowledge of subject ______ ‘Legal’ Reasoning
2. Member: ___ Judy ____________ I.D. number:___ 0161906________
Short Statement of your Issue:
Is there a formed Contract? Is there an offer, acceptance, and legal purpose?Which article
from the United Nations Covenant for International Sale of Goods will you discuss?
Article 14, 18, & 19
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
In my opinion.I think there is a formed contract between Robert and Macy’s.
First,let’s talk about is there an offer?According to the article 14 (1)in UNCISG ,an offer
should be definite and sent to specific person.In this case, Robert sends a letter with really
clear and definite price , quantity ,size about his clothes. So there is an offer.
Then,we talk about the acceptance. when Macy’s received robert letter and wrote back.
Some people may argue that Macy’s add an term that he wants their QC Inspector to visit
the Turkish factory ,so there is a counter offer. But according to article 19 (2) ,if the
additional terms do not materially alter the offer, like quantity, price. It’ still an
acceptance .Robert didn’t accept the additional term and wrote a letter,but he does not put
enough postage on it, so Macy’s doesn’t receive it.
And in April 12th, two days after Mr. Erdogan is rejected to enter the factory, Robert talks
to Macys buyer over the phone about the reason and the Macy’s shows their understanding
and agree about it.There is also a modification about the insurance ,but it all settles before
April 12th ,so I think on this day, the contract is formed and complete.
3. Member: __Brooke_____________ I.D. number:__0161913_________
Short Statement of your Issue:
How many times did the contract change? Which one is the final edition that both of the
parties need to obey?
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 19(3) & 49.
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
I strongly doubt that there is enough here to claim that Robert is a credit seller according to
the contract. We can find there are twice of modifications of the contract. The contract
starts with Robert’s E-mail whch shows the terms of goods. Then Macy’s financed this
contract through Citicorp National Bank to offer some strict terms. Actually, Robert refused
it and held the formal contract. He also got the buy’s promise showing that “O.K. I will
contact Citicorp and tell them to just go ahead and get you paid”. Explained by Article 29, it
gives the specific term A contract in writing which contains a provision requiring any
modification or termination by agreement to be in writing may not be otherwise modified
or terminated by agreement. However, a party may be precluded by his conduct from
asserting such a provision to the extent that the other party has relied on that conduct.
In fact, they agree the formal contact when Robert got a certain reply from the buyer.
As for the pleasure from Macy’s, Robert could avoid it with Article 49 “The buyer may
declare the contract avoided: if the failure by the seller to perform any of his obligations
under the contract or this Convention amounts to a fundamental breach of contract.”
Robert didn’t change the quality, price and other fundamental terms of goods. Therefore,
Robert just did what he was supposed to do.
4.Member: ___ Ada ________ I.D. number:___ 0161891____
Short Statement of your Issue:
Did Robert violate the contract by shipping items that were wrongly identified as violating
UnderArmour’s Trademark?
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 42
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
In this case, Robert didn’t know the trademark stenciled on the case is wrong. According
to article 42, here the seller is Robert, but he is unawared. Moreover, the people who
mislabeling the goods are the logistic company.Robet paid logistic company to ship and
print trademark. So the logistic company have the liability to do this correctly. During the
whole process, Robert didn’t know any news about it. So Robert didn’t violate the contract.
5. Member: _ Zhanet _________ I.D. number:_ 3163043_______
Short Statement of your Issue:
Was it a reasonable time for giving a notice to the seller RoxShox about the problem with
label?
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 42,43
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
Buyer Macy’s didn’t give immediate notice to the seller RoxShox about the issue for a
month, waiting for the the boss and then sending the email to the wrong email address.
According to article 43, buyer should give a notice to the seller within reasonable time.
Buyer Macy’s didn’t notify seller, when seller RoxShox due to contract had time to fix the
problem.
6. Member: ______ Jasmine _____ I.D. number:___ 0161884______
Short Statement of your Issue:
Jasmine
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 19(2)(3), 25
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
From my point of view, both of these two behaviors had violated the contract.
First, Robert will purchase an insurance policy from its normal insurance company in favor of
Macy’s. But in the L/C, Robert was required to name Citicorp as beneficiary and the policy
must come from a London’s insurance company. Apparently, Macy’s had modified the
contract materially. Also he had promised Robert to talk with Citicorp, but actually he didn’t.
We all know that L/C and contract are separate. So using the normal insurance company
may well have violated the terms of the letter of credit, but it did not violate the contract
and Robert’s duty. As for this, you can refer to Article 19(3) for further information.
Second, Macy’s wanted his inspector to be allowed to visit the factory, Robert intended to
refuse, but he didn’t send his message successfully, which constituted a kind of acceptance
to the contract. So when Robert refused to allow the Macy’s inspector to enter the factory, it
actually constituted a fundamental breach of the contract. You can refer to Article 19(2) and
25 for further information.
7.
Member: ___ Yedda ____________ I.D. number:____ 0161898____
Short Statement of your Issue:
Did Robert violate the cobtract because of wrongly use the UnderArmour's trademark?
Which article from the United Nations Covenant for International Sale of Goods will you
discuss?
Article 43
Teacher: ____ English _____ Knowledge of subject ______ ‘Legal’ Reasoning
Comments:
According to the question four we know that Robert didn't kown or could not have been
aware of the UnderArmour's teademark. And we can find that Mr. Edogan who is the quality
control of Macy's didn't notice the trademark was wrong when he checked before ship. So
he didn't told the difference between Underwriters and UnderAmour.
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