Create and save one document only, containing all your answers. You should call it ‘my6LLAW008Wassess’. It should be a Word document (i.e., ending in ‘.doc’ or ‘.docx’). In case of technology issues you should save your work on a regular basis.
You must work on your own and should not discuss your work with other students, via email, telephone or any other means. Your answers will be run through the Turnitin similarity detection software, and so any ‘cut-and-pasted’ answers will be easily identified. If you submit work which is not your own, you will be open to an accusation of an assessment offence (plagiarism and/or collusion). If you send drafts of your answers to any other student, you will also be open to an accusation of an assessment offence.
Where the University believes that academic misconduct has taken place the University will investigate the case and apply academic penalties as published inSection 10 Academic Misconduct regulations.
As you will have access to resources to complete your assessment any content you use from external source materials will need to be referenced correctly. You need to use the OSCOLA footnote style to be used. Whenever you directly quote, paraphrase, or summarise someone else’s ideas, you have a responsibility to give due credit to that person for their work. Reference to authority, such as case names, textbooks and articles should be provided if required. You do not need to provide a bibliography.
Support can be found at:Study Training and Research Skills and Referencing Your Work
Once completed please submit your paper via the submission link provided on the Blackboard site for the module concerned.
Make sure that if you submit more than one completed answer paper, the latest overwrites the previous version you submitted; of course, your final submission needs to be done. Be sure to check that you are submitting the correct version and keep a copy of your receipt.
Module Specific Information: Instructions to candidates
Candidates are required to answer ALL THREE questions. All questions carry equal marks.
You can write up to 4000 words with a 10% +/- allowance, for all the answers added together, i.e., for the complete paper. You can divide the words up between the questions as you wish, but as the questions are worth the same mark, it is advisable to balance the 4000 words between the three questions.
References in footnotes (if any) will not be counted towards the word limit.
Please write the word count on your first page.
Question 1
You have been asked by one of the main trade associations to advise them whether they should lobby the UK Government to ratify the U.N. Convention on Contracts for the International Sales of Goods (CISG). Critically develop this advice in light of case law and scholarly articles.
Question 2
Alpha SA agrees to sell, and Omega Ltd agrees to buy, a cargo of 5,000 tonnes, 5 percent more or less, in Alpha SA’s option at US$ 300/tonne, of Ukrainian wheat FOB “one safe Ukrainian port”. The contract provides that Omega Ltd must give a five days’ notice of readiness to load for shipment in May.
21 May, Omega Ltd nominates the vessel MV Cosmos and send a notice of readiness to load on 26 May at the port of Odessa to Alpha SA. On 22 May, Alpha SA arranges for the consignment to arrive at the docks on 25 May. On that day, a fire breaks out on MV Cosmos, which makes it unable to operate. On 25 May, Omega Ltd nominates a substitute vessel, Peace, and informs Alpha Ltd that Peace will be ready to load on 29 May at the port of Nikolaev. Given that it will take 4 days to load the cargo, Omega Ltd arranges for overtime work at the port. It has been reported that work is going on at the port of Nikolaev, which obstructs vessels’ safe access to the port.
a result of delay and disruptions in transportation, some wheat starts to deteriorate.
the meantime, the market price of wheat has significantly dropped to US$ 200/tonne since the date the contract was concluded.
Alpha SA refuses to load.
Assuming that English law applies, advise Alpha SA under the sale contract. May Alpha SA bring an action for the price?
Question 3
On 21 May 2019, Ricegrower SA agreed to sell to Agronomics Ltd 24,000 mt of Russian paddy rice Rapan type CIF Mersin (Turkey). The contract price was US$ 280/mt and shipment was to be between 15 September 2019 and 15 December 2019. Delivery was to be made over three shipments to be spread out with intervals of 10 to 15 days after the previous shipment.
Ricegrower SA arranged to purchase the same quantity and quality of rice from a producer, Russian Rice, in Russia. In 2019, there was a considerable level of rainfall for the harvest, which delayed harvesting. The impact of the weather on the humidity and condition of the rice made drying and processing necessary for Russian Rice.
1 December 2019, 14,000 mt of rice were loaded onto the vessel MV Kiev and on 14 December 2019, 6,000 mt of rice were loaded onto the vessel East Pride. The trade association’s inspector issued a certificate of quality for each cargo of rice. Ricegrower SA tendered the relevant bills of lading, insurance certificates and commercial invoices and was paid in full for 20,000 mt of rice.
15 December 2019, Agronomics Ltd emailed Ricegrower SA inquiring about the last shipment for the outstanding quantity of rice and suggesting that shipment be deferred until 31st
December 2019. Agronomics Ltd had already concluded a contract for the onsale of this consignment of rice to a Turkish buyer. However, Agronomics Ltd did not hear back from Ricegrower SA.
Upon arrival of the vessels, MV Kiev and East Pride, at Mersin, Agronomics Ltd examined the cargoes. The rice on board East Pride had the apparent presence of nematodes (roundworms). The cargo on MV Kiev, which was from the same supplier’s fields and storage facility as the East Pride cargo, was free of nematodes.
31st December 2019, the balance of 4,000 mt of rice had not been delivered to Agronomics Ltd.
the meantime, the price of Russian paddy rice Rapan skyrocketed to US$ 350/mt.
Agronomics Ltd found out that Ricegrower SA had sold 4,000 mt of rice in the local market in small lots.
Assuming that English law applies, advise Agronomics Ltd under the sale contract.