case summary
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Case Summary:
This case takes about the problem that happened between a American shipment that was delivered to Germany the shipment was prok levers but the mistake that the six of the pork a male and the German wanted a female so as u can noticed the problem happened because the lack of information and the study of the culture.
Case Questions:
1) In this dispute, which country's law would apply, that of the United States or of Germany?
Germany
2) If the case were tried in U.S. courts, who do you think would win? IN German courts? Why?
American courts: America
German courts: German
-Because it depends on the country of the court that the rules will be applied
3) Draw up a brief agreement that would have eliminated the following problems before they occur:
A. whose law applies
B. whether the case should be tried in U.S or German courts
C. the difference in opinion as to "customary merchantable quality"
What should have done is more studying of the culture and to be more careful and to ask more specific questions to eliminate those problems. Also the contract between
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the buyer and the seller should have every single detail to avoid such problems also should have the solutions if some problems happened so they would know what to do exactly, and the contract should have which country law will be applied if needed and the properties of the product and how the quality in evaluated and what does quality mean to each part in the contract, so the contract should contain every single detail to solve the above problems.
4) Discuss how SRC may work in this case.
The Safety Regulation Commission (SRC) can advise in order to ensure, through co-operation between States on safety regulation. Also it could try to help solving the problem between the two countries in a good manner way. Also it can make the communication more easy also because it’s a third party it can see the problem in a different point view and judge easier to solve the problem.
Case Summary:
This case takes about the problem that happened between a American shipment that was delivered to Germany the shipment was prok levers but the mistake that the six of the pork a male and the German wanted a female so as u can noticed the problem happened because the lack of information and the study of the culture.
Case Questions:
1) In this dispute, which country's law would apply, that of the United States or of Germany?
Germany
2) If the case were tried in U.S. courts, who do you think would win? IN German courts? Why?
American courts: America
German courts: German
-Because it depends on the country of the court that the rules will be applied
3) Draw up a brief agreement that would have eliminated the following problems before they occur:
A. whose law applies
B. whether the case should be tried in U.S or German courts
C. the difference in opinion as to "customary merchantable quality"
What should have done is more studying of the culture and to be more careful and to ask more specific questions to eliminate those problems. Also the contract between
2
the buyer and the seller should have every single detail to avoid such problems also should have the solutions if some problems happened so they would know what to do exactly, and the contract should have which country law will be applied if needed and the properties of the product and how the quality in evaluated and what does quality mean to each part in the contract, so the contract should contain every single detail to solve the above problems.
4) Discuss how SRC may work in this case.
The Safety Regulation Commission (SRC) can advise in order to ensure, through co-operation between States on safety regulation. Also it could try to help solving the problem between the two countries in a good manner way. Also it can make the communication more easy also because it’s a third party it can see the problem in a different point view and judge easier to solve the problem.