INTERNATIONAL TRADE LAW 

please quickly thanks !

New Metro Supermarket is a buyer who wants to purchase a cargo of organic white rice from Fairness and Equality (F&E) company. The F&E company agreed to sell rice to New Metro Supermarket by sea freight under a contract of sale based on the FOB terms. According to the terms of the FOB contract, the seller and buyer agreed to conduct a business deal with 1000 bags of organic white rice. Moreover, both parties have decided to arrange shipment at the beginning month of December which is dated 1-5 December 2022, and the buyer then demanded the whole 1000 bags of rice would be received on 20-25 December 2022. 

After signing the contract, F&E company made the proper inspection of the rice to ensure the product met the specifications before loadings. However, the seller failed to guarantee the shipment on time due to the buyer being delayed providing the seller instructions with the shipping information arrangements for loading although the seller has repeated reminders. 

This action has also delayed the vessel's arrival at its final destination, Begawan Port. After that, the buyer received the organic white rice on 2 January 2023 and the shipment  was delayed about 1 week. After ship unloading the goods, the buyer inspected the 1000 bags of rice in the Begawan port, and they found that five bags of rice had been damaged by rats.  

The buyer is dissatisfied with the goods and refuses payment for these damaged goods. Ultimately, the buyer only accepts the 995 bags of organic white rice. However, after three days, the buyer suddenly claimed that the 10 bags of rice were off specifications because these bags of rice were mouldy and therefore the rice did not reach the quality requirements in the contract. The buyer was disappointed and rejected the shipments.

Therefore, the buyer filed a lawsuit against the seller accused of violating the implied provisions of the contract. The buyer wants to claim that the seller should pay compensation because of the late shipment and poor quality. Discuss the following issues:

1. Whether the buyer breaches the contract of sale and needs to bear the risk and cost of the delayed shipment.
2. Whether the legal title to the goods had passed to the buyer upon the shipment.
3. Whether the buyer was entitled to reject the goods after a few days of delivery.

 

Plastic Co Pte Ltd (‘Plastico’) is a Fiji company. The company has issued and paid up capital of $250,000 held in equal parts by two brothers. The company’s business involves making plastic products for the local market.

The brothers are planning to emigrate to New Zealand and wish to sell the company. An agreement in principle is reached for X to buy the company for $1 million. This is a cash sale.

Presume that you are wealthy and a longtime friend of X.

X comes to see you. She explains that she has in hand $800,000 (from her own savings and bank financing) and is short $200,000 to close the deal. X wants you to loan her $200,000. X has two specific proposals as follows.

Proposal One

Plastico is an old company. When founded it established its factory on the outskirts of Suva. Since that time Suva has grown and spread with the consequence that the land on which the factory stands is today much more valuable than when the factory was built. X has had the land valued at $300,000.

X has found alternative factory premises on the outskirts of modern Suva that would be suitable for the company. These premises are for sale for $100,000.

X proposes that you lend her $200,000 for four months only. X will acquire Plastico. The company’s new directors, X and her husband, will have Plastico sell its current factory and relocate to the premises already identified. The relocation will provide net cash of $200,000. Plastico will then pay a dividend of $200,000. X will use the distribution to repay your loan.

Proposal Two

X proposes that you lend her $200,000. This will be a longer term loan of say 6 years to be paid down incrementally over the life of the loan. Plastico will retain its present factory premises. As security for the loan, Plastico’s new directors, X and her husband, will have Plastico grant you a first mortgage over the current factory premises. Given the valuation placed on the premises the loan will be almost risk free.

Further details of both proposals provide an attractive return for you on the financing.

Required:
Consider each proposal separately and in turn.
Does the proposal offend any of the capital maintenance rules?

[Note ‘agreement in principle’ refers to a situation where two parties have agreed on all the terms of a deal (i.e. contract) but have not yet formally committed to the deal. In this story the parties (X and the two brothers) will only sign the contact document detailing the agreement when X has lined up the required cash of $1 million.]

In 2019, Ms. Love visited the offices of Awesome Plastic Cosmetic & Laser Surgery Center, where she consulted with plastic surgeon, Thomas Awesome, M.D., regarding breast augmentation surgery. According to Ms. Love she informed Dr. Awesome that she wished to have her breast size increased. Specifically, she told him that she wanted to be a size 34C. Ms.Love asserts that Dr. Awesome assured her that the surgery would accomplish this goal.Dr. Awesome disagrees and states that he gave no assurances or guarantees regarding M.s Love’s post-operative breast size, other than to inform her that her "breasts would most likely be between a B and C cup post-operatively. Dr. Awesome explains that he never gives assurances or guarantees regarding breast size to any patient.

During the consultation, Ms. Love decided to undergo the procedure. She was given a six-page informed consent document. However, Ms.Lovey says that no one reviewed the document with her. She did read through the document as she was speaking to her husband on her cellular telephone. Ms. Love then initialed the first five pages of the document and signed the last page. It is undisputed that the document contains a disclaimer stating that Ms. Love acknowledged that "no guarantee has been given by anyone as to the results that may be obtained."

The surgery was scheduled for March 26, 2019. On that day, Ms. Love presented to Awesome’s office and was provided with another document, entitled "Consent to Operation," which again stated that no guarantees had been given regarding the outcome of the surgery. Although Ms. Love signed the document, she also reports that she was under the influence of drugs prescribed by Dr. Awesome and that the drugs made her so drowsy that her husband had to carry her in to the office.

Following the surgery, Ms. Love made follow-up visits to Dr. Awesome’s office. During one of those visits, she was give a piece of paper on which was written the size and style of bra that the doctor wanted Ms. Love to purchase. A review of the paper reveals that it had Dr. Awesome’s office address and telephone number type-set at the top. The paper had the following in hand-writing: "34C Cup Long Line Style 1805."

Ms. Love contends that following surgery and after-care, her breast size is less than a 34B. The surgery involved no complications, Ms. Love has healed well and has no medical symptoms or complaints. She filed suit against Dr. Awesome alleging claims for breach of oral contract.

Consider the case described above. Here is some more information: Remember how Dr. Awesome prescribed her drugs that made her unable to walk, such that her husband had to carry her? When Ms. Love read through her own medical record she found a notation by one of the nurses (who just happened to be Ms. Love's neighbor). That notation said, " Patient appears to be intoxicated; I have seen this behavior before and she is an alcoholic". Ms. Love is very upset by this statement. She tells you that she never drinks and that her altered state was due to the prescribed medication. Could Ms. Love sue the nurse for defamation? Are there any other intentional torts that could be alleged by Ms. Love based on the nurse's statement? What would she need to prove to succeed in such claims?

Grade 9 english:

1. Think back to Charlotte Edmund's article, "7 skills all young people need to survive the future of the workplace" from the first activity in this lesson. Choose the skill you believe to be the most important to your future
2. Write a few paragraphs to explain why you feel this way. If you think there's a skill the author didn't mention that's more crucial to your future, explain what it is and why you believe so. Give your strongest writing. Plan your ideas before you start writing, then use paragraphs to organize your piece. After you have a first draft, revise it, looking at paragraph unity, sentences, spelling, and capital letters.

Article:

7 skills all young people need to survive the future of the workplace

Dr. Tony Wagner, co-director of Harvard's Change Leadership Group, argues that today's
school children are facing a "global achievement gap," which is the gap between what even
the best schools are teaching and the skills young people need to learn.
This has been exacerbated by two colliding trends: firstly, the global shift from an industrial
economy to a knowledge economy, and secondly, the way in which today's school children —
brought up with the internet — are motivated to learn.
In his book "The Global Achievement Gap," Wagner identifies seven core competencies every
child needs in order to survive in the coming world of work.
1. Critical thinking and problem-solving
Companies need to be able to continuously improve products, processes and services in order
to compete. And to do this they need workers to have critical thinking skills and to be able to
ask the right questions to get to the bottom of a problem.
2. Collaboration across networks and leading by influence
Given the interconnected nature of the business world, leadership skills and the ability to
influence and work together as a team has become increasingly important. And the key to
becoming an effective leader? It's twofold, says Wagner, involving "creative problem-solving
and a clear ethical framework".
3. Agility and adaptability
The ability to adapt and pick up new skills quickly is vital for success: workers must be able to
use a range of tools to solve a problem. This is also known as "learnability", a sought-after
skills among job candidates.
4. Initiative and entrepreneurialism
There is no harm in trying: often people and businesses suffer from a tendency to be riskaverse. It is better to try 10 things and succeed in eight than it is to try five and succeed in all
of them.
5. Effective oral and written communication
Recruits' fuzzy thinking and inability to articulate their thoughts were common complaints that
Wagner came across from business leaders when researching his book. This isn't so much
about young people's ability to use grammar and punctuation correctly, or to spell, but how to
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communicate clearly verbally, in writing or while presenting. "If you have great ideas but you
can't communicate them, then you're lost," Wagner says.
6. Accessing and analyzing information
Many employees have to deal with an immense amount of information on a daily basis: the
ability to sift through it and pull out what is relevant is a challenge. Particularly given how
rapidly the information can change.
7. Curiosity and imagination
Curiosity and imagination are what drive innovation and are key to problem solving. "We're all
born curious, creative and imaginative," says Wagner. "The average four-year-old asks a
hundred questions a day. But by the time that child is 10, he or she is much more likely to be
concerned with getting the right answers for school than with asking good questions.
"What we as teachers and parents need do to keep alive the curiosity and imagination that, to
a greater or lesser extent, is innate in every child."