Karimov may require the payment. Because under United Nations Convention on Contracts for the International Sale of Goods Article 24 


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Karimov may require the payment. Because under United Nations Convention on Contracts for the International Sale of Goods Article 24



For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention "reaches" the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence.

But Gregorio can terminate the contract. under Article 72

(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.

(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.

14.Mr. Amangaliev held telephone talks with entrepreneur from Singapore named Yy. The purpose of the proposed sale on major master Amangalovym rare contract. On the phone, Mr. Yy said, "I'll buy you 5,000 meters of marble of high quality at a price of $ 90 per 1 m." Mr. Amangaliev asked for a few days to think about the proposal. Mr. Yy agreed. The next day, at 2:00, Mr. Amangaliev sent my acceptance in the mail from the central post office in Almaty. The next day, however, Mr. Amangaliev got a better offer from a businessman from Saudi Arabia. He called in Singapore and said, "Yesterday I sent you an acceptance by email, but I want to announce that changed his mind, and please consider it invalid." Mr. Yy indignant and said to resort to the help of the court to compel Amangalova to the execution of the contract. Imagine that you are a legal adviser Amangalova. What is your advice? Who do you think will win the lawsuit?

Mr. Amangaliev can terminate the contract. under United Nations Convention on Contracts for the International Sale of Goods Article 72

(1) If prior to the date for performance of the contract it is clear that one of the parties will commit a fundamental breach of contract, the other party may declare the contract avoided.

(2) If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.

Article 81

(1) Avoidance of the contract releases both parties from their obligations under it, subject to any damages which may be due. Avoidance does not affect any provision of the contract for the settlement of disputes or any other provision of the contract governing the rights and obligations of the parties consequent upon the avoidance of the contract.

(2) A party who has performed the contract either wholly or in part may claim restitution from the other party of whatever the first party has supplied or paid under the contract. If both parties are bound to make restitution, they must do so concurrently.

15.Mr. Bashkirov comes to you to figure out how to settle his disagreement with the buyer from Iraq, which Bashkirov agreed to supply grain to the FOB, Aktau. Grain must first be transported to the Iranian port, and then from there to Iraq. The contract is governed by the UN Convention. Mr. Bashkirov delivered grain to the port of Aktau, but do not put him on board a vessel arriving from Iran, he signed another contract with another buyer from Iraq, but on the condition DAP, the Iranian border. The second contract is also governed by the UN Convention. Bashkirs asked whether his duty to insure the goods, and whether he had violated its obligations, without filling out the appropriate insurance? What do you advise him? What are the provisions of the Convention are relevant to this issue?

Convention does not regulate the issue of insurance. It only regulates Guarantees by the shipper

UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA Article 17

Guarantees by the shipper

1. The shipper is deemed to have guaranteed to the carrier the accuracy of particulars relating to the general nature of the goods, their marks, number, weight and quantity as furnished by him for insertion in the bill of lading. The shipper must indemnify the carrier against the loss resulting from inaccuracies in such particulars. The shipper remains liable even if the bill of lading has been transferred by him. The right of the carrier to such indemnity in no way limits his liability under the contract of carriage by sea to any person other than the shipper.

2. Any letter of guarantee or agreement by which the shipper undertakes to indemnify the carrier against loss resulting from the issuance of the bill of lading by the carrier, or by a person acting on his behalf, without entering a reservation relating to particulars furnished by the shipper for insertion in the bill of lading, or to the apparent condition of the goods, is void and of no effect as against any third party, including a consignee, to whom the bill of lading has been transferred.

3. Such letter of guarantee or agreement is valid as against the shipper unless the carrier or the person acting on his behalf, by omitting the reservation referred to in paragraph 2 of this article, intends to defraud a third party, including a consignee, who acts in reliance on the description of the goods in the bill of lading. In the latter case, if the reservation omitted relates to particulars furnished by the shipper for insertion in the bill of lading, the carrier has no right of indemnity from the shipper pursuant to paragraph 1 of this article.

4. In the case of intended fraud referred to in paragraph 3 of this article the carrier is liable, without the benefit of the limitation of liability provided for in this Convention, for the loss incurred by a third party, including a consignee, because he has acted in reliance on the description of the goods in the bill of lading.

16.Seller packaging equipment for food products, the company Jones & CO. Australia has sent the offer to the Purchaser in Kazakhstan, which is a project of the contract. It said that the contract will be governed by the UN Convention specifies the total price of goods $ 1,300, and discuss the condition that Jones is not responsible for damage to the unit after sending the purchase and the Purchaser is not required to provide spare parts. The buyer sent him an acceptance of Kazakhstan, also represents a form of contract, but it said that the seller is responsible for helping to repair the equipment if it breaks, and for the supply of spare parts at cost. The buyer also sent the seller a check for that amount. After that, Jones shipped the equipment. On the same conditions whose contract was signed?



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