CISG Case Brief 3 - Huan Long 201005051 Case Brief:...

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Huan Long 201005051 Case Brief: Frigaliment Importing Co. v. B.N.S. International Sales Corp. Facts: The plaintiff is a Swiss buyer who signed a contract with the defendant, a US seller, to buy fresh frozen chicken. In the contract, two parties specified the chicken’s country of origin, quality, weight, and the package. Later, the signed the second contract regarding the same goods with a heavier weight for each. However, when the first shipments arrived, the plaintiff found that there was a misunderstanding of “chicken” between two parties. The “chicken” plaintiff wanted is the young chicken suitable for broiling and frying; however, the “chicken” sold by defendant is stewing chicken or called “fowl”. The plaintiff made protest, but the shipment under the second contract was still stewing chickens. Issues: 1. Can plaintiff’s first convention of an exchange of cablegrams which preceded the formal contract be a proof to support plaintiff’s claims? 2. Is there a definite trade usage that “chicken” meant “young chicken”? 3. Did the defendant really breach the warranty? Holdings: 1. No. According to the defendant’s testify, the plaintiff never specify that he want “young chicken.” 2. No. The court applied the reasonable person standard proved that “chicken” can
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CISG Case Brief 3 - Huan Long 201005051 Case Brief:...

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