Plaintiff (the buyer, an American company) imported frozen turkeys from the defendant (the seller, a Vietnam company) to supply the Christmas market.

Managerial Economics: Applications, Strategies and Tactics (MindTap Course List)
14th Edition
ISBN:9781305506381
Author:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Publisher:James R. McGuigan, R. Charles Moyer, Frederick H.deB. Harris
Chapter16: Government Regulation
Section: Chapter Questions
Problem 8E
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  1. Plaintiff (the buyer, an American company) imported frozen turkeys from the defendant (the seller, a Vietnam company) to supply the Christmas market. 

The contract stipulates that the Seller shall load the goods on board before December 10. 

However, the seller violated the contract and delayed the load on board until December 25.   Case 2. Plaintiff (the buyer, an American company) imported frozen chicken from the defendant (the seller, an Indonesia company). The contract stipulates that the Seller shall load the goods on board before the end of March. However, the seller violated the contract and delayed the load on board until October 7.

Questions: 

  • Did the defendant break of contract in case 1 and case 2? Why?

What kind of remedies can the plaintiff seek in case 1 and case 2? 

 

  1. An Indonesia company (the plaintiff) signed contract with a shipping company (the defendant) to transport frozen shrimp to Osaka, Japan. During the voyage, the defendant's ship got grounded on rocks near the sea of Japan. The frozen shrimp were constructive total loss. The plaintiff sued the defendant for compensation the loss of JPY 5.2 million. It was found that the captain neither check GPS, nor compare the radar image with the chart to confirm the position of the ship during voyage, so that the ship was too close to the rocks, which was the cause of the incident.

 

 

 

 

 

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