Was there a legally binding contract between the parties? Please explain. Was there a breach of the contract?
Kaihari Waina v. Vino Veritas
Please read the statement of claim together with the exhibits and prepare a
Memorandum/statement of claim, answering the following questions with reference to
specific articles of the CISG:
SUPPORT SELLER/RESPONDENT
- Was there a legally binding contract between the parties? Please explain
- Was there a breach of the contract? By whom? Please explain.
- What were the main obligations of the buyer in this situation? Were they complied
with? - What were the main obligations of the seller in this situation? Were they complied
with? - Can the Claimant rely on the specific performance? Why yes/no? What would be
considered as specific performance in this case? - Can the Claimant claim damages? Why yes/no?
- Can the Respondent rely on force majeure? Please explain why yes/No.
- Which court can the Claimant apply to? Which law will be applicable to the case?
- Please site any other arguements (good faith etc) in support of the
Claimant/Respondent.
Answer preview for Was there a legally binding contract between the parties? Please explain. Was there a breach of the contract?
921 Words