On the face of it, or prima facie there are three issues that are raised in this case. Firstly, the jeans were delivered late; secondly, the jeans were mouldy and stained; and finally, an incorrect number of jeans were delivered.
In order to determine the rights and obligations of Punked Jeans, and which remedies could be availble, there are a number of steps to be taken.
What are the governing laws of the case?
The governing law of an international contract is important because is defines which domestic system of laws apply to the contract. The governing law is used in the case of disputes between the buyer and seller in the international the outside of the container the jeans were carried in), Punked would not be able to use this as evidence that the correct amount of jeans had been delivered, merely it would represent the correct amount of containers had been delivered and loaded.
This means that Punked Jeans has indeed breached CISG Article 35(1), by delivering the incorrect quantity of jeans. This breach is likely to be considered a fundamental breach according to CISG Article 25 as SurfLife jeans has been substantially deprived of they were entitled to, receiving only 13,000 of the 15,000 pairs of jeans ordered. The extra 1,000 XXL jeans won’t be considered as making up some of the numbers as they are not useable by the company.
Remedies:
Under CISG Article 45 the buyer has a series of remedies available if the seller fails to perform any of his obligations. These include rights in Articles 46-52, and damages from 74-77.
Remedies for the incorrect number of jeans that may be sought by SurfLife against Punked Jeans, in accordance with Article 25 (Fundamental Breach) and Article 51, include: delivery of substitute goods (Article 46), additional time period for delivery (Article 47), providing a self-correction remedy at Punked Jeans’ own expense (Article 48), declare the contract avoided (Article 49), or reduce the price paid for the goods (Article 50).
The best course of action in order to remedy
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