Claims and arbitration
As the previous units indicate ,in order to avoid disputes or properly handle their conquence ,some preventive claus are usually included in a contract such as tolerance clau, more or less clau commodity inspection clau,ect. In foreign trade ,attention should also be paid to the matters of claim, force majeure, arbitration ,ect. It is necessary that they be clearly stipulated in sales contract.
Breach of Contract
In foreign trade ,it is that the ller delivers the goods conforming to the contract in respect of quality, specification, quantity and packing, and hands over the documents concerning the goods at the right time and place stipulated in the contract. And the buyer makes payment for the goods and takes delivery of them in the same manner specified in the contract. However, there always exists a gap between ideal and reality. Complaints or claims ,sometimes ,still ari in spite of well planned and careful work in the performance of a contract. In practice, it is not infrequent that the exporter or the importer neglects or fails t
o perform any of his obligations, thus giving ri to breach of contract and various trade disputes, which ,subquently,ieads to claim.arbitration,or even litigation.
Definition of breach of Contract
清平乐村居的诗意Breach of contract means the refusal or failure by a party to a contract to fulfil an obligation impod on him under that contract, resulting form, e.g. ,repudiation of liability before completion,or conduct preventing proper performance. The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depriving the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expresd in the contract as the consideration for performing tho undertaking.
Reasons for Breach of Contract
In international trade, disputes ari for many reasons. They may result either form the breach of the contract by the intentional act of a party or form the breach of the contract by the negligence or fault of a party. Some of the reasons are summarized as follows:
(1)A ller may breach a contract when
He fails to delivery the goods;
He fails to make delivery according to shipment date stipulated in the contract;
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He delivers the goods that is not in accordance with the contract or the L/C in respect of quality, specifications, quantity and packing, ect.;
He prents shipping documents that are incomplete and inadequate.
(2)A buyer may breach a contract where
Under an L/C,he fails to open the relevant L/C according to the stipulated period;
He wrongly refus to accept the goods;
Under FOB,he fails to dispatch the vesl according to the stipulation of the contract.
生命不息(3)Both parties may take responsibility for breaching a contract becau
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Thy may misunderstand or misinterpret the claus of contract that are not clearly or definitely stipulated,which is likely to give ri to disputes;
They both may breach the contract.
In foreign trade, the import or export contract provides legal basis for determining the rights and obligations of ller and buyer .Breach of a contract aris where any party of a contract does not abide by the stipulations of the contract. Since sales contract has a legal binding force upon the contracting parties, any the injured party can exerci his right to claim damages against the opposite party.
Different Breach Should Bear Different Responsibility
How to determine the nature of breach and the ways of remedies differs in laws from country to country.To sum up,the methods may be,generally, classified into two types:one is bad on the claus of the contract; the other on the basis of the degree of breach of contract.
The laws of some countries,like Britain, stipulate that if any to a contract violates the fundamental and substantive claus, the breach is called"breach of condition".For example,the quality and quantity of the goods delivered by the ller don't conform to stipulation of contract,or the goods are not delivered according to the stipulated date in the contract, ect. In the cas,the injured party is entitled to discharge the contract and rai claim against the other party. If the violated claus are minor ones, such a breach is called"breach of warranty".
耳机电流声Conditions are terms of contract to which the parties, when making the contract, attach such importance that it can truly be described as being of the esnce of the contract.It goes to the root of the contract.To break a condition will usually amount to breach of contract and lead to the innocent party regarding the contract as discharged by breach. This means that he needs to do nothing further on the contract, and of cour has the right to sue for breach of contract if he so wishes.
Warranties are terms of the contract,which are binding upon the parties,but if the are brok
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悠然自得的近义词en,they do not amount to breach fo contract. For instance, if the buyer does not make payment on the stipulated date, we cannot call it a breach of contract and demand the return of the goods,but we can perhaps sue him for delaying the payment,and are entitled to compensation for breach of warranty. Whether a term in the contract is a fundamental term,going to the root of the contract,or only a warranty, entitling an aggrieved party to damages only,depends upon the statements made by the parties concerned at the time.If it is made clear by one party that he regards a particular as vital,it will usually be regarded as a condition of the contract.
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