Unformatted text preview: Rationale: 1. According to the articles 11 and articles 29 of CISG, a contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form. It may be proved by any means, including witness. In this case, they reduced the contract price by means of its reducing for the cost of freight was in fact a written agreement between the parties. So the modification of the contract had been proved by the reducing price and it was correct. 2. In this case, the buyer chartered a ship to load the good and paid the cost of freight. It was the evidence to prove the buyer modified the contract to the terms of delivery from CIF to FOB. At the result, his refusal to pay for the good was unreasonable. The buyer should pay the total amount and interest....
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- Spring '11
- Management, Scientific evidence, Electrim, brief p257 High, High Arbitration Court