BSL 412 Study Guide - Quiz Guide: United Nations Convention On Contracts For The International Sale Of Goods, Commercial Invoice, Lex Mercatoria
10 Dec 2019
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It is possible for anyone to perform, and the parties did not expressly assume such risk: death, destruction of subject matter, supervening illegality. Facts: asante purchased electronic parts from pmc, whose offices and factory were in canada. It placed the orders through pmc"s authorized distributor, unique technology, in california: asante sued because the goods did not meet specifications. He sued in california state court: the case was transferred to a federal court, and asante requested it be remanded back to state court. Issue 1: does a distributor count as an agent of a company when determining what place of business has the closest connection to the contract: no it does not. Unique does not have anything to do with the technical specifications of the product ordered: this case then falls under the cisg because it is an american company suing a canadian company. Issue 2: does the choice of law clause opt them out of the cisg: no.
