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[size=133%]•Company A signed a sales contract with Company B for selling paper. The quality clause in the contract stipulated:” Handmade Writing Paper”. Company A sent its sample to Company B for confirmation before production.
[size=133%]•However upon receipt of the goods, Company B lodged a claim against Company A on the ground that: The inspection certificate shows that “the paper was partly made by machine”; In legal sense, it constitutes “over publicity” according to the British Law; The importer suffered a great loss.
[size=133%]•Company A argued: The buyer accepted the sample sent by the seller; The deal should be deemed as “sales by sample”, and the quality of the goods was fully in line with the sample; The seller bore no responsibility for the loss.
[size=133%]•Mr. Anderson intended to sell a plane to Mr. Johnson. In his cable, Mr. Anderson offered:
[size=133%]•“Confirm sale of a plane…Please send 5, 000 Pounds by telegraphic transfer.”
[size=133%]•Mr. Johnson cabled back immediately:
[size=133%]•“ Confirm purchase of your plane, terms and conditions same as your cable. I’ve sent 5, 000 Pounds to your Account Bank who keeps your money on your behalf until delivery of the plane. Pleas confirm delivery within 30 days from the date of this cable.”
[size=133%]•Mr. Anderson did not reply and sold the plane to another buyer at a much higher price. Disagreements occurred between the two parties about whether the contract was concluded effectively.
[size=133%]•Questions: In such a case, was the contract concluded? Why?
A Chinese export company sold 25 metric tons of Donkey Meat to a Japanese client. As stipulated in the contract, the goods were to be packed in 1500 boxes with a net weight of 16.6 kilos per box. If the goods were packed according to stipulations, the total weight was 24.9 metric tons; the remaining 100 kilos might not be delivered. When the goods arrived at the Japanese port, the Japanese Customs Officers checked them and found that each box contained 20 kilos, not 16.6 kilos. Therefore, this shipment amounted to 30 metric tons. However, the goods totaled 24.9 M/T in weight on all the documents, and the payment was also effected against 24.9 M/T. thus 5100 kilos of Donkey Meat were free of charge. Worst of all, because of the discrepancy between the net weight on the documents and the actual weight, Japanese Customs thought the export company helped its client to evade duties. Then how are we dealing with this issue? What lessons can we draw from this case?
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