A Contract For The Sale Of Shoes Has Been Agreed Between X: Law Of International Business Transactions Essay, GCD, Ireland

Question:

A contract for the sale of shoes has been agreed between X, who is located in Ireland, and Y, who is located in Italy, with delivery into Dublin port on March 1, 2020. The contract stipulated that it would be the subject of the Convention for the International Sale of Goods (CISG). The terms of the invoice were that the items were supplied and priced CIF. In fact, Y managed to produce the shoes quicker than he thought and dispatched them in early January by way of a ship that left an Italian port and arrived in Dublin on February 3, 2020.

Despite being aware of this, X was not ready to collect the shoes for a number of weeks. On February 25, X arrived at the port to examine the goods in question. X was surprised to see that the sole of the shoes was not attached to the upper part of the shoes.

X was also taken aback that they were not leather as was her expectation but in fact, made of a leather-like material and in fact, some had been damaged by exposure to seawater during the voyage. Y said that he could cure the defect using local workers in Dublin although because of the delay in inspecting the goods they would not now be ready until March 5, 2020. As for the material,

Y said that the contract was silent on the material and also pointed out that the insurance coverage did not compensate for damage arising from seawater so this was a loss that X would have to bear. Advise X on these facts as to her position under the CISG.