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Case Brief CISG - Huan Long(201005051 Case Brief High...

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Huan Long (201005051) Case Brief: High Arbitration Court of the Russian Federation Facts: The plaintiff, the joint stock company called “Electrim”, signed a contract with the defendant, the private joint-stock company “Firma Rosmos”, to deliver onions CIF Novorossiysk, on May 11, 1994. On May 30, the first load of goods arrived the destination. On June 24, the seller asked the buyer to change the term of delivery to FOB Alexandria. The Defendant accepted. However, when the second load of goods arrived, the defendant refused to pay owing to the low quality of the goods. The plaintiff brought the action to recover the damages for the cost of onions, as well as the annual interest and court expenses. Issues: Is the change the term of delivery available and should the plaintiff recover the damage? Holdings: Yes, according to the court, it is a written agreement between the parties to modify the term of delivery and “the refusal to pay for the goods shall be held unreasonable”. Rationale: According to Article 12 of CISG, a contract of sale shall be made and modified in writing. In this case, the seller provided an offer to modify the term of delivery, and
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