Prepare a memorandum of business operations
Business Law and Ethics
Part I
1. Assuming that Claimant’s Exhibit is the entire agreement between the parties related to the coffee sale and that the coffee contract is subject to the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), state which party should prevail in the arbitration, the amount that such party shall be awarded, if any, and the reasons for the decision
Part II
You are a manager with Garth Supply Company. Knowing that you have recently completed your Masters of Business Administration in which you took a class in the Legal Environment of Business, the company CEO asks you to prepare a memorandum of not more than four pages setting out your recommendations for changes in the business operations of the company to avoid disputes such as the one which has arisen with Newgarth Coffee Company, Ltd. What do you tell her and why?
Claimant’s Exhibit No.
Contract: Coffee
SOLD BY: Garth Supply Company, S.A.
TO: Newgarth Coffee Company, Ltd.
Four hundred (400) metric tons net of coffee beans (in original shipping bags of average weight(s) customary for the Growth), deliverable, at the seller’s option, at one of the customary delivery points for the country, between the first and last days of March to May 2013 inclusive; the delivery within such time is to be at seller’s option, upon notice to the buyer during the months of January to February 2013.
The coffee is to be of standard Grade and Count.
Deviations of up to one percent (1%) in weight are without price allowance. The contract price will be adjusted at the contract rate per pound for deviations in weight of more than one percent.
The price is $1,240.75 per metric ton U.S.D. ($0.5628 per pound U.S.D.) for a total of $496,299.55 U.S.D. Payment due on notification of loading.
Delivery will be in one or more installments at the option of Seller.
Transportation from delivery point will be arranged by the Seller upon Buyer’s request with all costs at the charge of the Buyer.
Any disputes arising with respect to or in connection with this agreement shall be finally decided by three arbitrators in accordance with the Rules of Arbitration of the Commercial Arbitration Group of Brussels, Belgium. The arbitration shall take place in Brussels and shall be in English.
(Signed)__________ (Signed)_______________
Howard Keen Josef Bitter
Account Executive Commodity Buyer
Garth Supply Company, S.A. Newgarth Coffee
Company, Ltd.
19 November 2012 23 November 2012
