International Law
IBL-5
Assignment-1
Students: -------------------------------------------
Lecturer:
----------------------------------------------
Class:
* IBMS-3G
Date:
* 30-09-2011
Introduction
This report contains the proceedings during the set up of the agreement and the proceedings after the breach of contract between two parties: Trans Trust SPRL versus Danubian Trading co. The agreement was about the sales of 1,000 tons of rolled steel sheets which were supposed to deliver FOB in Antwerpen on 1950. Due to this agreement there got another party involved; the American company S.A.Azur, which was a wholesaler for the manufacturer, S.A. Metallurgique d’Esperance Londoz. Because of the contract, the seller ordered a sufficient amount of steel from this third party. Because of this the seller wanted to confirm this by the hand of a letter of Kredit Bank in Brussels, this was firstly agreed by the buyer. When eventually the buyer refused to do so, the seller sued the buyer on breach of contract.
Since the breach of the contract and the prosecution of the buyer, the case has been investigated by the English Court of Appeal. Throughout this, the court found out that there indeed was a breach of the agreement. The trial judge awarded the seller £3,214 damages, which was the loss of profit suffered by the seller.
We will discuss this case in six parts. In the main section of this report we will discuss the main arguments and reasoning of the parties in this Court Case. Then there is an explanation of reasoning, taken by the court which is an extension of how the court makes the decision and the different court decisions for this case. At the very end we will make links between these views.
Theory
When we want to understand the point of the case, we have to understand the agreement and the breach of the contract. This is almost totally based on the letter of Credit. This was required in the contract for the seller, the buyer agreed on this. So
Assignment-1
Students: -------------------------------------------
Lecturer:
----------------------------------------------
Class:
* IBMS-3G
Date:
* 30-09-2011
Introduction
This report contains the proceedings during the set up of the agreement and the proceedings after the breach of contract between two parties: Trans Trust SPRL versus Danubian Trading co. The agreement was about the sales of 1,000 tons of rolled steel sheets which were supposed to deliver FOB in Antwerpen on 1950. Due to this agreement there got another party involved; the American company S.A.Azur, which was a wholesaler for the manufacturer, S.A. Metallurgique d’Esperance Londoz. Because of the contract, the seller ordered a sufficient amount of steel from this third party. Because of this the seller wanted to confirm this by the hand of a letter of Kredit Bank in Brussels, this was firstly agreed by the buyer. When eventually the buyer refused to do so, the seller sued the buyer on breach of contract.
Since the breach of the contract and the prosecution of the buyer, the case has been investigated by the English Court of Appeal. Throughout this, the court found out that there indeed was a breach of the agreement. The trial judge awarded the seller £3,214 damages, which was the loss of profit suffered by the seller.
We will discuss this case in six parts. In the main section of this report we will discuss the main arguments and reasoning of the parties in this Court Case. Then there is an explanation of reasoning, taken by the court which is an extension of how the court makes the decision and the different court decisions for this case. At the very end we will make links between these views.
Theory
When we want to understand the point of the case, we have to understand the agreement and the breach of the contract. This is almost totally based on the letter of Credit. This was required in the contract for the seller, the buyer agreed on this. So