Operating in a foreign country- distribution and agency agreements

QUESTION

Topic: Operating in a foreign country- distribution and agency agreements.

Question 32.

Young Cold Country Wines Pty Ltd, has entered into an agency Agreement with the Company in Vietnam.

The agency contract provided that the Company can enter into contracts for the supply of white wine with companies within the jurisdiction of Vietnam on

the usual (undefined) terms and conditions for supply and payment.

The Company enters into a contract with The Saigon Bar for the supply of 100 cases of premium cold country wine, to be delivered with 4 weeks from the contract date being 1 July 2021 and payment within 60 days of delivery.

Young Cold Country Wines Pty Limited, delivers the wine with the 4-week period specified in the contract.

On 3 August 2021 the Saigon Bar goes into liquidation. Bill the owner of The Saigon Bar had a closing party at which all the white wine was consumed.

Advise Sophie whether she can recover the contract price for the wine from the Company.

ASSESSMENT OUTLINE:

Assessment task 1: Tutorial Questions and Participation

Intent: This assessment task is intended to assess your weekly revision of legal principles and your active contributions to tutorial discussions and activities. It also provides you with weekly feedback on your performance in class for this subject.

Objective(s): This task addresses the following subject learning objectives:

1 and 2 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1

Task: Tutorial Questions and Class participation: Demonstration of having: completed the prescribed weekly reading; engaged and made relevant comments and questions during class; and engaged with other students’ oral presentations.
Each student is required to give an oral presention during semester and to lodge a written answer to that question. Students will discuss the workshop questions in groups each week.

Length: 500 words. Due: Weekly, prior to and during seminars

Criteria: Demonstration of having completed the prescribed weekly reading: engaged and made relevant comments and questions in class; engaged with other students’ oral presentations.

Each Student will make both an oral presentation and provide a written answer to one question throughout the semester. The oral presentation should be ten minutes in length and the written answer 500 words. The written answer is to be lodged on the discussion board. Students are to prepare answers to the weekly workshop questions sufficient to participate in a class discussion.

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