Sunday, July 28, 2019
International law seminar. Legal memo Case Study
International law seminar. Legal memo - Case Study Example This has enabled her rise above her competitors on the market. Packaging is a vital factor in trade that enables consumers to identify a particular item. An attractive way of packaging a product catches the buyerââ¬â¢s eye and this promotes sales hence earning much profit. It is on this note that Danielle decided to make her order of the boxes from Stuttgart Germany even though she was a citizen of United States. Entrepreneurship involves producers inventing new ways and approaches so as to dominate the market. This includes strategy. Proper strategy enables producers to counter challenges that may face their business. Therefore, Danielle wanted her chocolates to have a unique packaging feature hence going for the Box Masters Company. The paper indicates that since the bossiness partners originate from two different countries, the CISG shall be used as an applicable law. Danielle made an order of 40000 boxes of chocolate from her supplier. According to Danielle, the holiday season was a perfect time for her business since chocolates are favorites for a large number of people. The first issue indicates that the supplier delivered goods on 16th October as expected by Danielle, but they were not the boxes that she had ordered. This shows that they were normal boxes, which her competitors used on market. Her clients identified her chocolates from others on market as a result of her packaging design. The issue reflects that consumers will not be able to distinguish Danielleââ¬â¢s chocolates and this will lead to a loss. Thanksgiving and Christmas holidays offer reliable opportunities for business operations. Danielle was optimistic that she would make much profit similar to past years. Danielle wrote to the Box Masters informing them that the goods she had received were not what she had ordered. She explained to the company that using the normal boxes would make her lose customers, which would bring down her business. The Box Masters explained to the entrepren eur the challenges the company was facing, and indicated that they would send 10000 boxes by October 26th and finally deliver the remaining 30.000 boxes on November 16th. The Box Masters fulfilled their request where they delivered 10000 boxes on October 26. However, at that time damage had already taken place. Danielle had lost several clients as a result of the delay. The memo indicates that it was not imperative for the Box Masters to argue that Danielle could be sold the items on a subsided price. The mutual agreement between the buyer and the seller indicated a specific item and not just any item on shelf. Since they sent a wrong product they are required by law to stand in for the cost of shipment and insurance. According to article 16 of United Nationââ¬â¢s Convention on Contracts for the International Sale of Goods [CISG] an offer may be revoked if goods reach the buyer before he has transmitted an acceptance. Therefore, from the above illustration, Danielle has aright to refuse the delivery of the 40000 boxes because they were dispatched without acceptance. It also states in article 17 of the CISG of the constitution that an offer is terminated when rejection reaches the seller. This can be shown since Danielle wrote to the Box Masters indicating that she had nothing to do with the normal boxes. According to this information, the Box Masters should make arrangements for the shipment of the normal boxes back to their warehouse since Danielle had paled a rejection. The main objective of any business venture is to satisfy her
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