Assignment Task
Task Overview: You have been provided with the following:
1) factual scenario and details of an order by Abbotsford Bike Shop (ABS) for customised scooters
2) email correspondence between ABS and Sunny Two-Wheel Specialist (STS)
3) product specifications
4) contract of sale
5) Bill of Lading
6) workshop report
In this scenario you are Ash, the CEO of the Abbotsford Bike Shop.
You have returned from a period of leave to find that issues have emerged with the goods under an international sales contract that you negotiated with STS prior to taking leave. While you have every confidence in your team, you realise that you have neglected the development of their understanding of the legal framework that exists around international sales. You have considerable experience in international sales. Most of ABS’ stock is imported from overseas manufacturers and you have made good use of the knowledge and skills you acquired in an international trade law course as part of your business degree. You decide to use the unfortunate events around ABS’ contract with STS as a teachable moment: An opportunity to introduce your team to the rights, responsibilities and remedies of buyers and sellers in international sales contracts as they apply in this specific scenario. Your task is to prepare a document for the ABS managerial team for these purposes.
The document you prepare should
• identify the legal issues that are raised by the facts and explain what the rights and obligations of ABS and STS are in this scenario;
• explain what remedies are available and what remedies it would have been most appropriate and valuable to have asked for
When explaining ABS’ rights and obligations and possible remedies, be sure to consider what arguments STS would make and how STS’ rights and obligations would affect the outcome.
You only need to explain and discuss ABS and STS’ rights and obligations under the Contract of Sale. That is to say, you do not need to discuss liability of the carrier, but you should identify the plaintiff in any future action against the carrier.
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