法律英语期末论文
专业：2014级法律硕士（非法学）
课程名称：法律英语
指导老师：***
学生：陈怡良
学号：*************
Arbitration reprentation for Equapack, Inc for contract disputes in Equapack, Inc v. Medi-Machines, S.A
兰亭序字帖
Distinguished presiding judge, the judicial officers,
In accordance with the law ,I accept consignation of equapack company ,namely the accur, as the agent of this ca. Now I state the following agent opinions .
I.About time questions of the established contract樊笼是什么意思
In this ca, my litigant showed interest to the defendant to buy 6 ts of packing machines with reasonable price and on time deliver in the contract so as to pack various products. The defendant MEDI company responded to provide 2 kinds of packing machines with type 16 and type 14 ,and suggested my litigant to purcha the type 14 on 3rd,July,2002.My litigant promid to the defendant on 12th,July,2002 that he was willing to purcha 6 ts of packing machines with type 14.At that time, the contract was establi
shed. On 23th,July,2002,my litigant mentioned to the defendant during the phone conversation that the products which would be packed by the subject matter in the contract contained salt, but the opposite party didn’t make any respons at that time. What’s more, the defendant didn’t mention the specificity of salt in two sides’ faxes. When the packing machines of type 14 were brought to production, they were corroded by the salt and could not work, so the production had to be stopped. For this, my litigant suffered huge lo .
II. About questions of llers ‘ obligations in Contracts for the International Sale of Goods.竞选班长演讲稿
1.the defendant provided commodities which did not conform to the contract.
Our legal basis is the b article of the cond regulation in the 35th provision of the United Nations Convention on Contracts for the International Sale of Goods. This article is compod with 4 parts. The a article and d article of the cond regulation in the 35th provision can be applied to all contracts unless both parties have another agreements. th
e b article and c article of the cond regulation in the 35th provision can be applied only in the particular situation. Standards regulated by the parts are being accumulated, namely, unless commodities conform to all applied standards, then they don’t conform to the contract’s requests.
训俭示康翻译 美体瘦身The b article of the cond regulation in the 35th provision requires that commodities should be suitable in any particular purpos that the buyer told or implied to the ller when they established contract.
In this ca, firstly, my litigant stated to the defendant that the machine would pack various products which contain detailed products and rough products. Although salt is not be expresd as one of the products to be packed, in reality, it is known that salt is contained in the detailed products according to common social experience. It is classified as the implied range. Secondly, during the phone conversation between the engineer swan of my litigant equapack company and the ller Drake of the opposite party, it was mentioned that A2Z company want my litigant to pack various products in which salt is co
ntained. During the phone conversation on 23th,July,2002,my litigant clearly expresd to the opposite party that the packed products contained salt. This showed that my litigant also told the defendant this particular purpo.
My litigant implied the particular purpo when the contract was established, and expresd clearly this purpo to the defendant in the reasonable period after the contract was established. So this provision is suitable to my litigant’s situation.
What’s more, the provision also requires that if the buyer doesn’t need to reply on the ller’s skills and judgment, or this dependence is unreasonable, then the ller’s commodities conform to the contract’s requests. But in this ca, the ller’s commodities didn’t conform to the contract’s requests. Reasons are listed as following:
Firstly, bad on the command of products’ properties, the defendant, as the professional manufacturer of packing machine, should know that salt has extremely strong corrosion, and it will corrode the type 14 packing machine. Secondly, my litigant had never packed salt, and doesn’t know or have reasons to know that the salt is differen手机信号强度
t from any other products. Therefore ,my litigant needs to rely on the defendant’s skills and judgment, and this dependence is reasonable.
日本陆军大将In sum, bad on the b article of the cond regulation in the 35th provision in CISG, the defendant’s commodities don’t conform to the contract’s requests, so the defendant breaches the contract.
2.The defendant breaches the article of commodity’s special purpo which belongs to the quality guarantee obligations.
In Contracts for the International Sale of Goods, llers’ obligations include delivery, quality guarantee obligations, rights guarantee obligations and so on .About the ller’s quality guarantee obligations, the 36空腹可以喝豆浆吗th provision in GISG requires that(1)the ller should obey requirements of this contract and agreement, should be responsible to any situations that don’t conform to the contract and caud by the risk transfer from the ller to the buyer. Although the situations are gradually obvious after the time, the ller is also responsible .(2)the ller is also responsible to any situations that don’t conf
orm to the contract after the time stated in last provision. If the situations are caud by the breach of other obligations, including the breach of guarantees that goods can be applied to the common u or some particular purpos in a period, or goods can maintain some particular quality or characteristic, the ller is also accountable.
