Case brief p257 - Rationale 1 According to the articles 11...

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Case brief p257 High Arbitration Court of the Russian Federation Resolution No. 4670/96(1997) Facts: In 1994, company “Electrim” traded with company “Firma” under a contract. In accordance with the contract, the “Electrim” was obliged to deliver the fist load of onions CIF. But for the second load of onions the “Electrim” offered the buyer to change the terms of delivery to FOB Alexandria and two companies deduced the cost of freight from the price of onions in contract. “Firma” chartered a ship to the port of Alexandria to load the goods. But because the buyer refused to pay for the load of good, the quality of goods was improper. Issue: Whether or not was the modification of the contract correct? Whether or not should the buyer pay the total amount of $304072.80 and interest after changing the terms of delivery? Holding: The court upheld the claims in relation to the debt and interest.
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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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