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United Nations Conventions on Contract - Essay Example

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The present paper aims to discuss the business and trade deals conducted at international scale between SamCo with DeanCo on the one hand, and between SamCo and CastielCo on the other, in the light of 1980 United Nations Vienna Convention on international trade and business contracts. …
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United Nations Conventions on Contract
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Download file to see previous pages In the first case under consideration, SamCo & DeanCo appear to be the parties to the contract, where a deal in respect of buying and selling five dark blue bonnets was to be executed. Similarly, the second case looks for giving legal advice to the above-described Swedish company SamCo in respect of its deal with the Brazilian reseller company CastielCo. However, before embarking upon the topic under consideration, and providing them with a piece of advice in the light of the Vienna Convention on and International Sale of Goods Contracts, it would be advisable to elucidate the terms that create responsibilities and liabilities to the parties to the contract, in order to explore whether or not any contract has been entered into between the parties, could bind them to execute some specific performance, which is as following: The 1980 Vienna Convention1 provides the parties to the contract with a complete and wide-ranging procedure while entering into a legal relationship between one another during foreign trades and business ventures. The main objective behind the Vienna Convention includes the protection of the rights and privileges of the individuals on the one hand and enforcement of the promises and agreements the individuals and parties have entered into2 at the international scale on the other. ...
nce, deceit and misrepresentation.3 In addition, 1980 Vienna Convention also protects the rights of the people who have either not entered into any contract with the persons and organisations outside their countries, but are falsely claimed to be having entered into the same. Consequently, 1980 Vienna Convention also endorses the statutes of Contract Law, which have defined and determined some conditions, fulfilment of which is vehemently necessary for a valid contract. “An agreement”, according to section 2 (h) of the English Contract, “creating obligations to the parties, and enforceable at law is a contract”4 Young (2010) has defined contract in these words: “A contract is an agreement (usually between two persons) giving rise to obligations on the part of both persons which are enforced or recognised by law”.5 Consequently, social contracts do not create legal enforcement due to the very fact that there is no intention of any legal remedies against non-fulfilment of the same. The same is also applied to the international contracts, all of which aim to create legal responsibilities on the parties to the contract. Vienna Convention, according to its statutes, applies to contracts of sale of goods between parties whose places of business are in different States.6 In order to comprehend with the elements of an international contract, it is essential to explore the basics of an agreement. According to English Contract Law, “Every agreement is a contract if it is made by the free consent of the parties, competent to contract for a lawful consideration and with a lawful object, and not hereby expressly declared to be void.”7 In other words, a valid contract maintains the following elements in it; accomplishment of all of them is essential for making it an ...Download file to see next pagesRead More
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