In Forestal Guarani S.A.v.Daros International,Inc.,Forestal was a maker of wood finger joints based in Argentina.Daros,a U.S.business,orally agreed to sell Forestal's finger joints to third parties in the United States.A dispute arose over the amount Daros owed for the product that Forestal delivered.Argentina,like the United States,had ratified the U.N.Convention on Contracts for the International Sale of Goods (CISG) to govern contracts between merchants for the sale of goods.Unlike the United States,Argentina had made an Article 96 declaration,which meant the country required that contracts governed by the CISG be in writing.When Forestal sued Daros for the money it claimed Daros owed,Daros argued that the claim was precluded because the contract was not in writing.The appeals court held that
A) when one country has adopted an Article 96 declaration and the other country has not, courts should consider the past conduct of the parties in determining whether the parties had or did not have a contract relationship.
B) when one country has adopted an Article 96 declaration and the other country has not, courts should not look to the past conduct of the parties in determining whether the parties had or did not have a contract relationship.
C) Argentina's declaration was sufficient to bar Forestal's claim.
D) a contract existed and Daros owed Forestal the amount it claimed.
Correct Answer:
Verified
Q56: Under the Foreign Sovereign Immunities Act (FSIA)a
Q57: Jose is from Argentina.He works for a
Q58: What is the purpose of the International
Q59: The common law system is based on
Q60: What is one of the primary problems
Q62: What is the role of the International
Q63: Platkos,Inc.,a U.S.company,applies for a permit to import
Q64: In U.S.v.Esquenazi,Esquenazi admitted he had bribed officials
Q65: Why does the Paris Convention still leave
Q66: A certain website lets anyone sell items
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents