8/11/2019 CBL CAT- day

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CBL CAT (day)

Time: 1 Hour. All questions are compulsory. Verbosity will be i!ly penali"ed.

1. Newly sworn in judges of the Court of Appeal have problems applying precedent. Being oneof the best minds in the area, the Chief Justice has reuested you to lecture to them on thetopic, e!plaining the meaning and operation of the doctrine of precedent in relation to"

a# $he %nglish legal system& '( mar)s# b# A *haria law system. '+ mar)s#c# A civil law system& ' mar)s# '1- mar)s#As the Attorney eneral, / am sited pensively together with the judges in the session. 0et mehear you

+. 2ercedes, a *wedish manufacturer, contacted 3ol)swagen, a erman manufacturer, toenuire about 3ol)swagen ma)ing special screws of a particularly high uality. 3ol)swagen provided by return a list of prices and delivery periods. 2ercedes then ordered ,--- screwsand also ,--- speciali4ed nuts and bolts, not mentioned before. 3ol)swagen reuested payment in advance or a letter of credit. 2ercedes, in turn, as)ed for a pro5forma invoice.

6hen 3ol)swagen sent the invoice it listed screws of a lower uality than the originalspecification with their respective prices. 2ercedes objected immediately and demandeddelivery of the articles in the 7ordered8 uality. 3ol)swagen agreed to delivery of higher uality articles but insisted on a higher price than on the invoice. 2ercedes insisted ondelivery of the higher5uality items but for the price listed in the invoice. Required:

Advise the parties whether or not they have entered into a binding contractual agreement onthe basis of the 9N Convention on Contracts for the /nternational *ale of oods.

'1- mar)s#

. %!plain the meaning and effect of the following terms in international trade"a# Bills of 0ading ': mar)s# b# Credit $ransfers within meaning of 9NC/$;A0 2odel law on /nternational Credit

$ransfers. ' mar)s#c# $ransfer< endorsement of a Bill of %!change under 9N convention on /nternational Bills

of %!change and /nternational =romissory notes. ' 2ar)s#

:. >iboi has been employed by ?lash Co, for the past +- years. @uring that time he has alsoinvested in the company in the form of shares and debentures. >iboi owns (,--- ordinaryshares in ?lash Co. $he shares are of 1 nominal value and are paid up to the e!tent of (.$he debentures, to the value of (,---, are secured by a fi!ed charge against the land onwhich ?lash Co8s factory is built. /n April it was announced that ?lash Co was going intoimmediate insolvent liuidation, owing considerable amounts of money to trade creditors'trade payables#. As a result of the suddenness of the decision to liuidate the company, noneof the employees received their last month8s wages. /n >iboi8s case this amounted to +,---. Required:

Advise >iboi as to his rights and liabilities in relation to ?lash Co in regard to"a# his unpaid wages& ' mar)s# b# his shareholding& ' mar)s#c# Dis debentures. ': mar)s# '1- mar)s#