XX年“爱心助学工程”助学金申请表

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XX年“爱心助学工程”助学金申请表
Case IV – Act of god (factum principis) (2)
• Sale of car components built on specifications
• The seller’s export licence is withdrawn because of the seller’s non-compliance with governmental requiremenets
• Delivery cannot be made according to contract
• Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Destruction of subject-matter (1)
• English law: Seller is not excused
• UNIDROIT: Seller is not excused
• PECL: Seller is not excused
• CISG: Seller is not excused
学习改变命运,知 识omponents • The fire alarm had not been installed due to
illness of the person in charge of security in the seller’s company • Delivery cannot be made according to contract • Is the seller liable for non-performance?
• UNIDROIT, PECL: Seller is excused (?)
• English law: Seller is not excused
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XX年“爱心助学工程”助学金申请表
Case VIII – Unaffordability (1)
• Sale of car components built on specifications
• German law: Seller is excused
• Italian law: Seller is excused
• English law: Seller is excused
• UNIDROIT: Seller is excused
• PECL: Seller is excused
• CISG: Seller is excused
• Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Sub-contractor failure
• Norwegian law: Seller is not excused
• German law: Seller is not excused
• Delivery cannot be made according to contract
• Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Act of god (1)
• Norwegian law: Seller is excused
on time for the production of the components • The aluminium supplier is a recognised supplier
on the market, but due to extraordinary wheather conditions cannot ship on time • Delivery cannot be made according to contract • Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Destruction of subject-matter (2)
• Norwegian law: Seller is not excused
• German law: Seller is not excused
• Italian law: Seller is not excused
• Delivery cannot be made according to contract
• Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Act of god (2)
• Norwegian law: Seller is not excused
• CISG: Seller is not excused
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XX年“爱心助学工程”助学金申请表
Case V – Supplier’s failure
• Sale of car components built on specifications • The aluminium supplier fails to deliver aluminium
• German law: Seller is excused (but first: renegotiation)
• UNIDROIT, PECL: Seller can require renegotiation
• English law: Seller is not excused
• CISG: Seller is not excused
• Norwegian law: Seller is excused
• German law: Seller is excused
• Italian law: Seller is excused
• English law: Seller is excused
• UNIDROIT: Seller is excused
XX年“爱心助学工程”助学金申请表
Choice between contracts
• Norwegian law: Seller is excused
• Italian law: Seller is excused
• German law: Seller is excused
• CISG: Seller is excused (?)
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XX年“爱心助学工程”助学金申请表
Case IX – Unaffordability (2)
• Sale of car components built on specifications
• German law: Seller is not excused
• Italian law: Seller is not excused
• English law: Seller is not excused
• UNIDROIT: Seller is not excused
• PECL: Seller is not excused
• Due to unexpected weather conditions the ship cannot leave the harbour unless an ice-breaker is especially ordered from abroad
• Delivery cannot be made according to contract
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XX年“爱心助学工程”助学金申请表
Case VII – Choice between contracts
• Sale of car components built on specifications
• Destruction of part of the seller’s storage • Volumes in store sufficient to meet
obligations towards one buyer, but not all buyers • Delivery cannot be made according to contract • Is the seller liable for non-performance?
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• PECL: Seller is excused
• CISG: Seller is excused
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XX年“爱心助学工程”助学金申请表
Case II – Destruction of subject-matter (2)
• Sale of car components built on specifications • A fire destroys the facilities and the stored
Case III – Act of god (factum principis) (1)
• Sale of car components built on specifications
• New governmental regulations forbid export of various technical equipment, i.a. car components
XX年“爱心助学工程”助 学金申请表
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2021年2月18日星期四
Case I – Destruction of subject-matter (1)
• Sale of car components built on specifications
• An earthquake destroys the facilities and the stored components
• Italian law: Seller is not excused
• English law: Seller is not excused
• UNIDROIT: Seller is not excused
• PECL: Seller is not excused
• CISG: Seller is not excused
• A sub-contractor fails to performe properly its part of the production, due to internal reorganisation
• Delivery cannot be made according to contract
• Is the seller liable for non-performance?
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XX年“爱心助学工程”助学金申请表
Unaffordability (1)
• Norwegian law: Seller is excused
• Italian law: Seller is excused
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XX年“爱心助学工程”助学金申请表
Supplier’s failure
• Norwegian law: Seller is excused
• Italian law: Seller is excused
• German law: Seller is excused
• English law: Seller is not excused
• CISG: Seller is not excused
• UNIDROIT, PECL: Seller is not excused
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XX年“爱心助学工程”助学金申请表
Case VI – Sub-contractor’s failure
• Sale of car components built on specifications