Bao De Li Vs China Case Summary
Case Note Assignment
Bao De Li Ltd. v. China Electronic Import & Export Guangdong Corp.
“Ginger Case”
Course: Commercial Contracts
Dr. Anna Rogowska
Student: Dema Bahanshal
ID: 1110043
Case Name:
Bao De Li Ltd. v. China Electronic Import & Export Guangdong Corp (2005). Jurisdiction was held in China at the Gaungzhou Intermediate People’s Court in 2005. Plaintiff was the Buyer against the Defendant which was the Seller of Ginger Goods.
Prior History of the Case in Lower Courts:
Although each party counterclaimed, there is no Prior History for the Case as it was firstly judged in the Gaungzhou Intermediate Court.
Introduction:
The CISG – International Sale of Goods- can be defined as an International agreement that has certain rules and principle which bind many Nations together. Due to the
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The Buyer’s business place is in U.S while the Seller’s was in China, but both parties are members of the CISG and their contract has no clear exclusion of the CISG, therefore, it becomes part of the governing Law in the contract. According to Article 142 of the General Principles of Civil Law of the People Republic of China: “If any international treaty concluded or acceded to by the People s Republic of China contains provisions differing from those in the civil laws of the People s Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has announced reservations”. This means that the contract is valid and the CISG was applicable and there is no violation of the domestic law.
Secondly, in January 2001, the buyer received two installments of Ginger, the installments were checked and then the buyer sent an attorney letter to the seller on August 2003, there is no evidence that the letter was sent before which means the period of Notice for lack of conformity was expired. –
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