Any topic (writer’s choice)

Please provide a thorough explanation for the following case problems:

1. Plaintiff, a Swiss corporation, entered into contracts to purchase chicken from B.N.S. International Sales Corpora- tion. Defendant was a New York corporation. The English language contracts called for the delivery of chicken of various weights. When the birds were shipped to Switzer- land, the 2 lb. sizes were not young broiling chickens as the plaintiff had expected, but mature stewing chickens or fowl. The plaintiff protested, claiming that in German the term chicken referred to young broiling chickens. The question for the court was: What kind of chicken did the plaintiff order? Was it broiling chicken, as the plaintiff argued, or any chickens weighing 2 lbs., as the defendant argued? Fri- galiment Importing Co., Ltd. v. B.N.S. International Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960). What could the par- ties have done to avoid this misunderstanding?

2. A U.S. software manufacturer sold software for process- ing credit card charges to a U.S. limited liability company that was a wholly owned subsidiary of a German corpo- ration. The software did not function properly and gen- erated erroneous reports of charges. The U.S. buyer and its German parent sued the software manufacturer for breach of contract. The plaintiffs asserted that the CISG was applicable to the transaction as the head of the Ger- man parent company signed the purchase and sales con- tract. The software manufacturer alleged that the CISG was inapplicable as the contract was addressed to the U.S. limited liability company, and the purchase price was paid with a check tendered by the U.S. purchaser. Is the CISG applicable to this transaction? Why or why not? American Mint LLC v. GOSoftware, Inc., 2006 U.S. Dist. LEXIS 1569 (M.D. Pa. 2006).

Specific instructions:
    The full text of the cases above are the attached pdf files.

    Pay close attention to the call of the question in the textbook. In other words, what is the question asking from you to answer after it explains some of the facts of the case?

    When you have good understanding of the call of the question, find the answer perhaps in the textbook (or cases in the textbook – if applicable), and most importantly the cases themselves mentioned above.

    Do not make conclusive statements. This is not a multiple choice or True/False exam. You must explain your answer to the questions by consulting the cases in the pdf files to find the appropriate law.

    Cite appropriate pages of the cases in the pdf files to support your answer. Citation example: (American Mint LLC v. Gosoftware Inc, p1)

    Your answer to each question should be approximately 300 words (600 words total).

 

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