Cisg and Wipo free essay sample

CISG has laid the broad rules on how the price should be determined, first the price negotiation before the deal is deal is sealed is most important, that if our client has asked for quotation of the books and after reviewing the quotation its up to him to send an order or accept the terms of trade with the sellers once the purchase is confirmed by accepting the proposal given by the seller, there can be remedies or scope for consideration of settlement if the seller contravene the agreed price in the final invoice in that case we can consider that our client can have this aspect of trade to be examined of having been unfair nd needs to be legally addressed. However in the given circumstances, we can see that the price has been compared with that of a Swedish seller, this comparison is not consistent, as the purchase which has been made has not been from a Swedish seller, every market has it own price level, since our client has expressly gone to UK for the purchase, he should have b een aware of the fact that it might have a different price level than Sweden, so the choice has been made by our client himself. We will write a custom essay sample on Cisg and Wipo or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page There could have legal remedies if both the sellers were in Sweden, then we could have examined the situation on the account of unfair price charging or monopoly, that is fixing price unfairly higher than those in the market. There in the aspect that it is not clear if the price charged in the final invoice differed from Acceptance Letter or not, and that comparison of prices is not valid, therefore we cannot defend this part of the deal on behalf of the client. However if I assume that the price charged differed from the price quoted then this can amount to a breach of contract and our client is entitled to remedies such as declare the contract void with or without damages, given that the breach done is substantial. We can also examine the form of negotiation that took place to seal the contract, has the followings covered: that the seller has included a price index with the acceptance letter, this mention of price as per the custom of trading followed by the trader. Also that our client has accepted the contract, after reviewing and making necessary modification to his own terms. Missing pages: This aspect of the contract also comes under the scope of CISG, and from the given circumstances we can confidently say that there has been non performance of contract as a seller is bound by the International Trading Law that CISG to deliver the goods of the standard quality, and missing page is obviously reduce the quality of the goods that was delivered. So we have this aspect that our client can claim breach of contract and therefore get remedy with or without damage. In order to ascertain which of the remedies that should be awarded and whether our client should be awarded damages we have to interpret the rules of substantiality of the breach, as the pages missing is limited consequence to the book itself, in easy terms the missing pages do not constitute to be a considerable part of the book, therefore following the substantiality rule we can say that seller give redress (Specific Performance) to our client and the missing pages should be copied and attached to the books by the seller. Bad quality in text: This aspect of the contract comes under both CISG and IP Law (Intellectual Property Law). We have to understand the nature of the problem, if the quality of printing is not standard and the error of publishing occurred which resulted in wrong information being found in the book, or that the writer himself has got it wrong on the book, in the last case the scope comes under IP Law, so we will leave it in this part. Back to the first two mentioned scenario, if this is the case then the liability of bad quality in text falls on to the seller and affect the contract. In this case we can assume that at the time of sealing the contract our client has in good faith expected goods of standard quality, and if the quality of goods delivered are not up to the standard of the market then we can confidently defend our client, and our client can claim breach of contract, get remedies with or without damages or declare the contract avoid. If the books cannot be read and understood for the purpose it is meant for, then we can the say the goods needs to replaced with better version or that our client returns the books and is reimbursed for the contract, and the contract can be declared avoid. The above stands as the goods not fit for the purpose intended amount to substantial breach of contract. And our client can also claim that effort and time that has been devoted to the contract has resulted in him incurring substantial loss, in that case seller has to pay damages to our client. Freight damages: Freight damages come under the scope of the part of CISG which is also known as Incoterms. Here it is stated that once the risk of goods has been passed to the buyer and damage or loss happens to the goods, the buyer is still liable to pay the full price unless it is proven that the damage and loss has occurred due to an act of seller or inaction of the seller. We do not know at what point the risk of the goods passed to our client, or whether the loss and damage to the goods has occurred to due to an action or inaction of the seller. If the liability falls on seller, there can be specific performance of the seller replacing the books as one hundred copies of books among one thousand total copies of books is not substantial, we can settle this aspect with specific performance. Also our client can be awarded Price Reduction that he keeps the damaged copies of the books at a reduced price as well. Bad quality in text, examined under WIPO: If the error in the commands written in the book has been due to the fact that writer himself has got it wrong then. Then this aspect comes under the scope of WIPO. However in this case the seller has no liability as the circumstances involve our client and the writer, who has the copy right of the book and the seller, is only a publisher here. we can say that following the WIPO (Berne Convention), the writer has the copy right to his literary work however he has rights on the contents that he has included in the book, however there is provision that the content of the book can be developed and amended by others in that case, the client should keep in mind that amendments do not constitute the part of the original book. And these amendments cannot be passed as a part of the original book; such as cross out and write the correct formula. This will hold as long as the writer has copy right of the book. In such cases the writer can ask the court to preserve his rights on his literary work against our client. So our cannot client may have to defend himself in a case against the writer of the book if this action is taken. However following the Berne convention, amendments can be recorded and distributed as MP3 files and in this case the content of the file is a work which is independent in its own, and it writer can have his own copyright on it.