QUESTION. (5 PAGES. Usе OSCOLA referencing sуstem)
(a) Louis, who is habituallу resident in France, agreed to sell to John, a wine merchant who is habitually resident in England, 2,000 bottles of French wine. The contract, which was in the English language, contained an exclusive English jurisdiction clause. John alleges that the wine that has been delivered is inferior in quality to the samрle he had tasted when ordering the wine. Advise John as to the applicable law.
(b) Pure Fruits, an English company with an agent in Italy, contracted with Ocean Carrier, an Italian company habitually resident in Italy, that the latter would carry a cargo of apples on a ship belonging to Ocean Carrier. The agent of Pure Fruits handed over a consignment of apples in Italy to Ocean Carrier for loading on to the ship. It was agreed that the ship would go direct to Portsmouth, England, without calling at other ports on the way. The parties agreed on a date of delivery at Portsmouth. However, Ocean Carrier stopped at a port in Spain to deliver some cargo there and load more cargo. As a result, the ship arrived in England five days later than agreed. By the date of delivery of the apples in England, the market price for the apples had fallen.
Pure Fruits wishes to sue Ocean Carrier to obtain damages for breach of contract.
Advise Pure Fruits on the applicable law.
• David McClean and Veronica Ruiz Abou-Nigm, Morris: Conflict of Laws (9th edn, Sweet & Maxwell 2016)
o Chapter 15, ‘Contractual Obligations’ (pp.429 – 473)
• Regulation (EC) No 593/2008 of the European parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)  OJ L177/6 <https://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0016:EN:PDF> accessed 22 February 2013
• Rome Convention of 1980 on the law applicable to contractual obligations
• Contracts (Applicable Law) Act 1990
• Michael Wilderspin, ‘The Rome I Regulation: Communitarisation and Modernisation of the Rome Convention’ (2008) 9(2) ERAForum 259, at 274
The above journal is available in the University of Liverpool online library—search for the article in the SpringerLink database.
• Zheng Tang, ‘Law Applicable in the Absence of Choice – The New Article 4 of the Rome I Regulation’ (2008) 71 MLR 785