Fundamental Breach According to the Cisg

Article 25 A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. (CISG 1980) Used when: One of the parties suffers damages due to a breach of contract. The breach becomes fundamental when it is due to the other parties fault.This article could be interpreted as to whether or not the breaching party was ‘guilty’ of any form of neglect which caused the damages. If they could have prevented the damages, by handling reasonably, they are guilty of a fundamental breach of contract. Case: Tribunal: Court of Arbitration of the ICC Case#: 7531 of 1994 Seller’s Country: China (defendant) Buyer’s Country: Austria (claimant) Goods involved: Scaffold fittings Summary of the ca se: The plaintiff bought 80. 00 scaffold fittings from the Chinese seller. Upon delivery it turned out a substantial amount of the fittings were of bad quality. The buyer was only able to sell the goods partially and at a reduced price. Sorting out the good ones from the bad ones would have added an estimated third of the purchase-price. The Tribunal ruled in favour of the plaintiff as ‘an important part’ of the fittings did not conform to the sample which therefore resulted in a fundamental breach of contract.What was the effect of Article 25: It was proven that the plaintiff had suffered substantial damages due to the breach of contract. This enabled him to use art 25 and sue for damages. ? Article 35 (1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. 2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (a) are fit for the purposes for which goods of the same description would ordinarily be used; (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement; (c) possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods. 3) The seller is not liable under subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity. (CISG 1980) Used when: This article is used when the goods delivered are not fit for the purpo se intended for them or when they are not of the same quality as the sample provided by the seller. They also need to be packed in a manner adequate to preserve and protect the goods. If they are not fit for purpose due to adequate packing, this the sellers fault. Note though that fitness for purpose is a broad term. For instance if meat has been purchased by a butcher in France he might deem the goods unfit as he meant to use them for Kosher meat. This does not count as the seller could not have foreseen this, unless it was mentioned.When selling it to a butcher in Israel however, the seller could have/ should have known these requirements. In fitness for purpose we look at the average quality required for products, unless expressly mentioned otherwise. Case: Tribunal: Bundesgerichthof (Federal Supreme Court) Case#: VIII ZR 159/94 Seller’s Country: Switzerland (Plaintiff) Buyer’s Country: Germany (Defendant) Goods involved: New Zealand Mussels Summary of the case: In this case the buyer bought mussels from a Swiss seller; the buyer later found they contained a cadmium level higher than the German health authorities allowed. Therefore he was not allowed to sell and he refused to pay due to a lack of conformity.The courts decided that though the cadmium levels in the mussels was higher than allowed in Germany, they were still eatable and did meet the standard required by the Swiss health authorities. It was therefore decided that the goods were of the required quality and the buyer should have mentioned the maximum cadmium levels allowed. What was the effect of Article 35: In this case it meant that the products did meet the required standard for quality of goods and the buyer had to pay for the products. ? Article 36 (1) The seller is liable in accordance with the contract and this Convention for any lack of conformity which exists at the time when the risk passes to the buyer, even though the lack of conformity becomes apparent only after that t ime. 2) The seller is also liable for any lack of conformity which occurs after the time indicated in the preceding paragraph and which is due to a breach of any of his obligations, including a breach of any guarantee that for a period of time the goods will remain fit for their ordinary purpose or for some particular purpose or will retain specified qualities or characteristics. (CISG 1980) Used when: The goods sold initially seem to be in good order, however after some time a lack of quality shows. This is only viable when the reason for this is due the sellers fault (e. g. When cars are sold and the paint starts to faint a month after the buyer obtained them, this could be the sellers fault due to using the wrong paint). Case:Tribunal: Bundesgerichtshof [Federal Supreme Court] Case#: VIII ZR 67/04 Seller’s Country: Belgium (Plaintiff) Buyer’s Country: Germany (Defendant) Goods involved: Frozen Pork Summary of the case: The buyer bought the goods to sell them on into Bosnia- Herzegovina. There were to be three deliveries of pork. In between deliveries a new ordinance was enacted in Germany (due to concerns regarding contamination of the meat) which stated that Belgian pork was no longer marketable unless a health certificated was provided. The defendants refuse to pay after they had been prohibited to resale the meats, which were then taken by customs and ultimately disposed of.The plaintiff argued that the risk had passed to the buyer when the goods were transported and therefor was liable for the events that took place. The court held however, that if the concerns were regarding to the harmfulness of the foodstuff to human health, the goods cannot be sold and therefor lack the required fitness for purpose. What was the effect of Article 36: Art 36 could be used in this case because the meat would already have been contaminated upon leaving the seller. Despite the fact that it was not detected until much later, when the risk had already passed to the buyer, the seller was still responsible as it was an initial breach of contract. ? Reference List: CISG 1980, United Nations, Accessed 26th of march 2013, ; http://www. cisg. law. pace. edu;

Ghana is a mixed but capitalist oriented economy” critically examine this statement Essay

There is not one single definition for a mixed economy, but the definitions always involve a degree of private economic freedom mixed with a degree of government regulation of markets. A mixed economy is an economic system in which both the private enterprise and a degree of state monopoly (usually in public services, defence, infrastructure, and basic industries) coexist. Investopedia defines a mixed economy as an economic system that features characteristics of both capitalism and socialism. A mixed economic system allows a level of private economic freedom in the use of capital, but also allows for governments to interfere in economic activities in order to achieve social aims. This type of economic system is less efficient than capitalism, but more efficient than socialism. All modern economies are mixed where the means of production are shared between the private and public sectors. A mixed economy is also called a dual economy. Most modern economies feature a synthesis of two o r more economic systems. The public sector works alongside the private sector, but may compete for the same limited resources. Mixed economic systems do not block the private sector from profit-seeking, but do monitor profit levels and may nationalize companies that are deemed to go against the public good. Mixed economic systems are not laissez-faire systems: the government is involved in planning the use of resources and can exert control over businesses in the private sector. Governments may seek to redistribute wealth by taxing the private sector, and using funds from taxes to promote social objectives. Capitalism allows prices to be set by supply and demand forces and socialism fixes prices through central planning. Capitalism is a socio-economic system that allows private owners to profit from the goods and services they provide. Investopedia defines capitalism as an economic system based on the private ownership of capital and production inputs, and on the production of goods and services for profit. The production of goods and services is based on supply and demand in the general market (market economy), rather than through central planning (planned economy). Capitalism is generally characterized by competition between producers. Other facets, such as the participation of govern ment in production and regulation, vary  across models of capitalism. One of the cornerstones of this system is the right of the individual to choose what to produce, how to produce it, and what price to sell it for. It is popular in  nations that value the freedom of the individual over the stability of the society. Most modern nations use some form of capitalism, such as state, corporate, or social market. Capitalism is also called the free market system. Capitalism requires unregulated supply and demand and little or no government interference in matters of trade. Each individual is free to produce what he or she wants and to sell it at whatever price the market will support. These decisions are typically made by the laws of supply and demand: if there is no demand for a particular product, the producer won’t be able to make a profit, but if the demand is high, he Capitalism is often closely associated with economic growth, as production and price are determined by the market rather than by governments. Private property rights provide individuals with the freedom to produce goods and services they can sell in the market. In the 1990s, the government continued to play a decisive role in the direction and pace of economic development in Ghana. Under the Economic Recovery Program initiated in 1983, the government tried to shift the burden of economic growth from government to the private sector through a dual strategy of cutting government spending and promoting private production. In particular, the government tried to boost export production through currency devaluations, tax incentives, and government-funded development projects. At the same time, budget deficits were almost entirely wiped out. Currently, Ghana is a mixed economy but depends mostly on the private sectors. The production of goods and services in Ghana is based on supply and demand in the general market (market economy), rather than through central planning (planned economy). With Ghana’s economic system, trade, industry and the means of production are controlled by private owners with the goal of making profits in a market economy. It can therefore be concluded that Ghana is a mixed but capitalist economy.

MLA, APA, and Chicago Writing Formats Essay Example | Topics and Well Written Essays - 750 words

MLA, APA, and Chicago Writing Formats - Essay Example Also, on the APA, the reference page has the year it was published after the authors name. Lastly, the APA has a cover page (Long Island University, 2009). The MLA uses author name and page. The MLA has the page number for the references and the MLA also has no cover page. The most notable differences are the title page, the titles of the pages included (work cited/resources), and the required spacing (double vs single). I think that the APA is much easier to read and go through, but I like the citing rules for the MLA much better. That's probably because I have a hard time doing those myself though. (Long Island University, 2009). According to Long Island University (2009, pg. 1), APA is used in "psychology, education, and other social sciences;" MLA is used in "literature, arts, and humanities"; and Chicago is used "with all subjects in the "real world" by books, magazines, newspapers, and other non-scholarly publications." I see that one requirement of MLA documentation is that the student's last name and page number is required on each page in the running header.APA documentation requires a shortened title and page number on each page in the running header. MLA does not require a formal title page.Instead, student's name, instructor's name, course title and date are typed on separate lines flush with the upper-left margin on the first page. APA requires a separate title page that has a particular format (Long Island University, 2009). On the reference citations page, MLA requires "Works Cited" to be centered at the top of the page.MLA also has quite a different format for citing references than.APA requires "References" to be centered at the top of the page.Again, APA reference citations are much different than MLA (Long Island University, 2009). According to The Chicago Manual of Style Online (2009, pg. 1): The Chicago Manual of Style presents two basic documentation systems, the humanities style (notes and bibliography) and the author-date system. Choosing between the two often depends on subject matter and nature of sources cited, as each system is favored by different groups of scholars. The humanities style is preferred by many in literature, history, and the arts. This style presents bibliographic information in notes and, often, a bibliography. It accommodates a variety of sources, including esoteric ones less appropriate to the author-date system. The more concise author-date system has long been used by those in the physical, natural, and social sciences. In this system, sources are briefly cited in the text, usually in parentheses, by author's last name and date of publication. The short citations are amplified in a list of references, where full bibliographic information is provided. References Citation style for research papers. (2009). Long Island University. Retrieved June 14, 2009, from http://www.liu.edu/cwis/cwp/library/workshop/citation.htm Chicago-style citation quick guide. (2009). Chicago Manual of

Management communcation Assignment Example | Topics and Well Written Essays - 500 words

Management communcation - Assignment Example on the cultural considerations for doing business in Japan, as per your request, we established that Japanese companies’ appraise upholding harmony and excellent reputation with customers and the community in general. Of all facets of handling the Japanese, communication complexities cause the biggest dilemma. Exceptional distinction and subtlety typifies Japanese communication. Where how an individual appears, what he or she publicly states and what he or she thinks are frequently poles apart. In essence, it is challenging for a foreigner to understand these baffling paradoxes. Needless to say, everything should be inquired to assure achievement of clear understanding. In reference to Locker and Kiensler (2010), Japanese treasure sitting in silence and calmness (p. 132). In times of difficulty or stress in meetings, Japanese recourse to sitting in silence to release nervousness in the room and give room for people to move away from the difficulty. In addition, the Japanese minimally use body language. This makes an untrained observer to understand. Japanese use body language to indicate attributes such as respect, confidence, agreement, interest and emotional participation. Though eye contact is an indication of attention, Locker and Kiensler (2010) denote that the Japanese show respect by lowering their eyes when speaking to superiors (p. 132). Though Japan is a small country, with a dense population, it encourages cohesiveness and politeness. This helps them avoid conflicts and uphold harmony. From the research, we established that Japanese are naturally group oriented. At the beginning of a new day, many firms in Japan have a group meeting aimed at building harmony and team spirit, and employees can do calisthenics together. A Japanese group identifies the sources of problems in the firm and tries to solve it as a team. Culturally Japan values patience, politeness, hard work, honesty, affiliation and team work. Different cultural settings have different

Industrial level of BMW and Toyota Essay Example | Topics and Well Written Essays - 250 words

Industrial level of BMW and Toyota - Essay Example This in turn makes the suppliers produce even better components and with greater efficiency. Toyota has something known as jidoka that requires even the machine to work autonomously whenever they detect a faulty part (Frick 2011). Disallowing such a part to do ensures the production of quality products. After the production completion, the vehicles are given to the distributors in case of marketing them locally. Otherwise, the shipping process occurs via the use of containers for international market. Marketing by Toyota is done through advertisements and promotions. In terms of after-sale services, the company managed to outperform its closest competitors through customer satisfaction. The company does a follow-up to ensure that the individual is satisfied for at least a given time after the purchase. For value addition, the BMW group works with over 12,000 suppliers in 70 countries that need to fulfill the standards set by the group in production of high-end components. Like Toyota, BMW works with the suppliers to leverage potential (Coe 2004). For the international market, the finished vehicles are shipped from the assembly lines with containers. Those that are sold in the local market of the assembly lines are transported to the respective showrooms using trucks. Marketing and sales by BMW include encouraging consumers to purchase the vehicles. The company employs advertising, promotion, pricing, marketing, sales, and so on. After-sale service is also offered by BMW. It involves user support, training, repair services, spare part management, installation, upgrades and so on. The company handles complaints well and this has been successful in attracting return customers. Frick, Jan. Advances in Production Management Systems Value Networks: Innovation, Technologies, and Management, IFIP WG 5.7 International Conference, APMS 2011, Stavanger, Norway, September 26-28, 2011, Revised Selected Papers. Berlin: Springer,

Relationship marketing - case of Tesco Dissertation

Relationship marketing - case of Tesco - Dissertation Example It is evidently clear from the discussion that the relationship marketing is the form of marketing where the firms emphasize more on customer satisfaction and customer retention rather than pushing the product. The companies are rather taking a pull strategy for developing new product and acquire the customers. When a company has good relation with its customers then the customers will become loyal to the company and that will help the company also acquire new customers. In the era of globalization the competition between the firms are intense, and for retaining the market share the companies need to develop some innovative strategy of marketing so that the customers become more attracted to their products. When a company is trying to push the products then the customer might loss attraction for their products because the products of the concerned company may not be meet the customer requirements. The customers may shift their attention to any other brand where they can get the produ cts as per their requirements. As a result the revenue of the former company gets affected as well as their profit. So for retaining the market share the companies should stop using the push marketing strategy, instead they need to use the pull marketing strategy. The companies should consider the customer requirements with the most importance, and for become the market leader the companies should develop a good relationship with the customers. ... They have to face the political challenges of different countries and competition from the local competitors. The opportunities of the local competitors are that they can develop the relationship with the local customers easily where it is tough for the multinational competitors. The local companies can understand what the customers want as they are operating in the same country. But the companies which are operating globally they need to understand the local customers need for generating revenue and profit from the country. The requirements of the customers differ from one country to another. The companies need to understand the customer requirements of different countries for generating profit from that country. For knowing the customer requirements the multinational companies need to conduct the market research in that particular country. Through the marketing research processes the companies can come to know about the customer needs, the customer also feel that the company is try ing to utilizing their responses. Through these processes the companies can come close to the customers, the relation between the customer and the company get improved. For achieving the sustainable market share and gaining profit the companies need to make some long term strategies. The customers are the main stakeholders of the company. The customers naturally obtain for the company where they can get maximum value in a relatively lower price. The customers expect that the product will obviously meet their basic requirements and as well as they can get some more benefits from that product. The customers will go for the brand where they can get maximum benefits after meeting the basic requirements. In this report

2010 BP oil spill Research Paper Example | Topics and Well Written Essays - 1250 words

2010 BP oil spill - Research Paper Example It was under lease of British Petroleum. At the time of the explosion, drilling was going on for an exploratory well at depths of about 5000 feet. The well was almost complete; cementing was being carried out by the Halliburton Energy Services after which the well could be used as a subsea producer later. However, this did not happen. On 20th April, 2010, methane gas shot up from the well all the way to the rig. It expanded on the platform, caught fire and the rig exploded. All but eleven workers were saved through rescue efforts and lifeboats. An oil leak was found on April 22, when oil started surfacing from the location of the rig. According to official estimates of August 2, about 62000 barrels of oil per day has escaped the well into the water, endangering the environment and submarine life (Channel 4 News, 2010). An investigation was launched on the day the oil spill started appearing on the surface. The whole fiasco has gotten extensive media coverage where BP has been considered primarily responsible for being negligent about some parts of the rig, which were not directly related to the cause of the explosion. There is still no explanation of why the rig exploded and caught fire, or whey the safety mechanics did not work at the rig. BP’s CEO took full responsibility of the incident, promising to pay everything and person who has been affected from this fiasco. The media as well as the government has held BP responsible for the fiasco. Reports have been made that a rig technician kept missing the key signals while being on a smoke break, that the oil rig was about to blow. This is a serious mistake on the part of the technician that is still costing BP and the environment. Settlements are being made by the company to all those who have been affected; cleaning efforts are also taking place by the organization of cleaning the shores and making it oil free so that the marine habitat isn’t at stake (Reuters, 2010). Although on

Interview Essay Example | Topics and Well Written Essays - 1250 words - 3

Interview - Essay Example The focus on the interview was on police related concerns, specifically how, as police officers, they try to keep the campus safe. According to Officer Williams, they have the 222tip line that helps the police in effectively locating the person that on the verge of committing a crime or someone who was reported to have apparently brought a weapon on campus or is engaging in aggressive behavior such as bullying. Officer Williams was noted to come from Navasota, Texas; but was acknowledged to reside in Houston, Texas. He disclosed that he came to live in Houston, where initially, he said that he worked at an instruction company. After he had a family, he said that he decided to pursue a career in law enforcement through attending the University of Houston Police Academy. He remembered and relayed that he graduated top of class and signified that it was a great day for him. He said that he felt like he can make more money and aptly prepare for the future of his family. Likewise, he also emphasized that he wanted to help others who are in need of any form of assistance. After graduation, he relayed that he decided that he wanted to work for the School District so he can help children in school; especially those who become victims of bullying. Also, through focusing on issues that are related to the behavior of children within the campus, he noted that he could also be of assistance to the ones with behavioral problems and manifestation or tendencies to commit a crime. Officer Williams stated that the numbers of bullying is high in the school district and he keeps trying his very best to make sure that the students understand what can happen when someone is bullied; such as risking injuries that could also lead to physical, emotional and psychological infliction of harm. So he said that he makes sure that he focuses on issues pertaining to bullying with the aim of ultimately minimizing these incidents or ultimately putting a stop to them. One’s personal

CLA L9 Essay Example | Topics and Well Written Essays - 500 words

CLA L9 - Essay Example However, the stage in girls may be referred to as the Electra complex where girls also show the same erotic desires to their fathers. Feud argued that stage typically came to an end when the child when the child identified with the parent of similar sex and suppressed its sexual drives. In case the previous relations with the parents were reasonably affectionate and nontraumatic. Moreover, in case the parental insolences were neither exceptionally exorbitant nor extremely stimulating, the stage is passed through amicably (Young, 2001). However, in case there is trauma, infertile neurosis that is a significant indication of same reactions throughout the child’s adult life. The sense of right and wrong, the moral factor that controls the conscious adult mind, also originates in the same stage in life. Freud partook the reactions against the Oedipus complex the utmost significant social attainments of the human mind. It clearly relates to the original classical myth where Oedipus murders his father unwittingly and then takes possession the mother. Just like in the case there is a desire between the male Oedipus with the mother. That confers to the concepts of the Oedipus complex. Besides that, his killing of the father also demonstrates the hatred feeling that exists between the father and the boy. However, the argument may be disputed depending on the age of the boy since Oedipus complex occurs at the ages of four and five. The stage is very important since it acts as an imperative stage for the development of the sexual identity to these children. The child comes to realize the difference between the mother and the father (Young, 2001). At that stage the child acquires his or her gender. They gain self-identity in the society and try to discover more of him. The child tries to acknowledge that he is a boy and the erotic desires compel him to get attracted to the opposite sex. The sex