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Serhud [2]
3 years ago
14

Gmiendl, Inc., a German company, and Bordeaux Enterprises Co., a French company, verbally agree to a contract for the purchase a

nd sale of plastic bottles. Assume both France and Germany are signatories to the CISG. Is the contract valid?
Business
1 answer:
skelet666 [1.2K]3 years ago
6 0

Answer: Yes the contract is valid.

Explanation:

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a binding agreement between nations. It sets rules to govern commercial contracts between parties in different countries.

Article 11 of the CISG states that a contract of sale does not need to be in writing and may even be proved by witnesses to the contract.

In other words, agreements made in conversation are enforceable and as both France and Germany are parties to the CISG, the contract is valid.

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<span>Technically, Kyle lied to Patrick about the time at which he would punch him. However, there is no contract to prove that this was what was said on the phone (heresay). Additionally, it does not mention that there was any sort of agreement or consideration made between the two of them regarding this. And even if there was, there might be a legality issue due to the fact that punching is both assault and battery when committed on a person, so the contract may not even be enforceable. In terms of civil torts, Kyle didn't really commit anything that is pursuable in court, but did commit battery and assault. If Patrick fell or hit his head further and was injured/killed, he would be liable for an involuntary action, of which would be manslaughter if Patrick died. He would also be able to be sued for wrongful death by Patrick's family.</span>
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