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 one
of the best minds in the area, the Chief Justice has reuested you to lecture to them on the
topic, 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 me
hear you1
+. 2ercedes, a *wedish manufacturer, contacted 3ol)swagen, a .erman manufacturer, to
enuire 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 ,,--- screws
and 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 original
specification with their respective prices. 2ercedes objected immediately and demanded
delivery 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 on
delivery 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 on
the 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 also
invested in the company in the form of shares and debentures. >iboi owns (,--- ordinary
shares in ?lash Co. $he shares are of A1 nominal value and are paid up to the e!tent of B(C.
$he debentures, to the value of A(,---, are secured by a fi!ed charge against the land on
which ?lash Co8s factory is built. /n April it was announced that ?lash Co was going into
immediate 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, none
of the employees received their last month8s wages. /n >iboi8s case this amounted to A+,---.
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#