7LAW1071 Private International Law [Assignment No 2]

Answer Both Parts



(1) Cavour,an Italian company manufactures a sports car at its factory near Milan. It markets the vehicle in England and Simon a footballer buys a model at a shop in London. He uses it while on holiday in Cornwall,England and due to a fault in its design suffers injury.

Can Simon sue Cavour in the courts of England and Wales and if so why ?



(2) Gareth entered into an agreement with Schmidt AG, a German company with a registered office in Hamburg for the supply of aluminium tubes to his factory outside Lyon,France. The contract was made in London with Helmut an independent commercial agent who acts for Schmidt AG and seven other German companies in England. Helmut has his own office and met Gareth at a social gathering for those in the aluminium industry. Helmut transmitted Gareth's order to Schmidt AG and the precise terms of the contract were then negotiated in correspondence between Schmidt AG and Gareth. The first consignment of the aluminium tubes has now arrived at the factory in Lyon and it does not conform to the contractual description. Gareth now wishes to sue Schmidt AG in London.

Advise Gareth.

(Word limit : 2,500 words : to be submitted on or before 6th April 2022)

OSCOLA References