【正文】 ich is regarded as being of the essence of the of a condition is a fundamental breach of contract which entitles the injured party to treat the contract as breach: a breach of contract caused by a party’s anticipatory repudiation,.,unequivocally indicating that the party will not perform when performance is these circumstances,the nonbreaching party may elect to treat the repudiation as an immediate breach and sue for is a German term describing the situation in which the innocent party sends a final notice to the breaching party requesting him or her to perform the contractual obligation within a specified period of parole evidence rule excludes evidence of oral agreement which contradicts or varies the terms of a subsequent or contemporaneous written premise of whether to apply the parole evidence is ：1）must have a written contract 2)the written contract bee effective or have legally binding。s obligation to place the goods at the disposal of the buyer buyer39。or(b)w hen the rules of private international law lead to the application of the law of a Contracting State.(4 marks)(2)This Convention applies only to contracts concluded on or after the date when the Convention enters into force in respect of the Contracting States referred to in subparagraph(1)(a)or the Contracting State referred to in subparagraph(1)(b)of article 1.(2 marks) April 4, Company X, with its place of business in China, sent an offer by to Company Y, with its place of business in offer concerned 50,000 meters handprinted cotton cloth and said it would remain open until April April 10, Company Y answered by “The price is too high, and we are not interested in the offer.” But, on April 20, the manager of Company Y changed his mind and sent another to accept the April 4 there any contract between Company X and Company Y? Since both China and Australian are Contracting States to the CISG, according to Article l(l)(a)would apply here.(2 marks)After receiving the offer of 50 ,000 meters handprinted cotton cloth, on April 10, Company Y stated that they were not interested in the offer, which rejected the offer.(2 marks)On April 20, the sent to accept the April 4 offer should be regarded as a new offer instead of acceptance.(2 marks)Therefore, there was no contract between Company X and Company Y.(2 marks), the manager of a US pany, entered into a contract with an Italian pany, Roma, to order some leather Goods were delivered on time, but with some of the zippers on the suitcases contacted Roma and gave a notice that he wanted to cancel the responded that they only can give a reduction in the is legally right? Roma was legally right.(2 marks)The defectiveness of some of the zippers on the suitcases could not account to a fundamental breach under the CISG Article 25(4 marks)Therefore had no right to cancel the contract but could have other remedies, such as reducing the price.(2 marks) agreed to ship 10,000 tons of potatoes FOB Taa, Washington, to Buyer in designated the SS Russet to take delivery at pier 7 in the agreed date for delivery, Seller delivered the potatoes to pier 7, but the ship was not at the another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy in the harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the lighter tied up alongside the Russet and a cable from the ship39。s rail the cable container then fell on the rail, teetered back and forth for a while, and finally crashed down the side of the ship and capsized the of the potatoes were dumped into the now sues Seller for failure to make delivery.(1)Is Seller liable?(2)Suppose, the contract had been FAS Seller be liable?(1)The Seller is liable.(1 marks)“Free on Board” means that the seller delivers when the goods pass the ship39。s rail at the named port of means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.(3 marks)(2)Suppose, the contract had been FAS Seller would not be liable.(1 marks)“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel at the named port of seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as The seller must place the goods alongside the vessel nominated by the means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment.(3 marks) seller contracted for oranges to be sent from Spain to the contract of carriage was concluded the shipowners promised the shippers orally that they would arrive in London by 30th November 1947, but they did not actually arrive until December arrival date was important to the shipper not merely because the oranges might deteriorate, but also because import duty was imposed from December , the bill of lading also had a printed liberty clause allowing the carrier to stop on the carrier did stop on the way and thus did not get to London until 5 seller sued the carrier for deviating from the route and the carrier relied on the written liberty issue of the case was that the actual terms of the contract were—were they those in the bill of lading or the oral agreements that were the bill of lading in itself a contract? Although a bill of lading may include the full terms of the contract between the consignor(the seller)and the carrier(the shipping pany)but it is not the contract itself.(2 marks)The logical is because in the most cases the contract will have been made before the bill of lading is effect, it is very good evidence of the contract of carriage and it can be the parties can show that the actual contract contains different terms.(4 marks)In the case the seller proved that there was an actually verbal agreement between them, so the carrier was in breach of the contract of carriage and should be liable.(2 marks) December 1, Seller sent to Buyer a