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  • 1 A What Did The Court Find With Respect To

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    joanne bajeta
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    The court found the following: 1) With respect to the private law of the parties, the court upheld the contract terms over custom. 2) With respect to application of custom, the court found that the closing of the Suez Canal was not a custom that was implied in the contract. 3) The result would be the same if the shipment was tomatoes instead of wheat, as the contract terms were upheld over implied custom.

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    The court found the following: 1) With respect to the private law of the parties, the court upheld the contract terms over custom. 2) With respect to application of custom, the court found that the closing of the Suez Canal was not a custom that was implied in the contract. 3) The result would be the same if the shipment was tomatoes instead of wheat, as the contract terms were upheld over implied custom.

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    13 views1 page

    1 A What Did The Court Find With Respect To

    Uploaded by

    joanne bajeta
    The court found the following: 1) With respect to the private law of the parties, the court upheld the contract terms over custom. 2) With respect to application of custom, the court found that the closing of the Suez Canal was not a custom that was implied in the contract. 3) The result would be the same if the shipment was tomatoes instead of wheat, as the contract terms were upheld over implied custom.

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    Solved: 1 a What did the court find with respect to

    1. a. What did the court find with respect to the private law of the parties?

    b. What did it find with respect to the application of custom?

    2. Would the result in this case be different if the shipment had been tomatoes as opposed to
    wheat? Explain.

    3. Would the result in this case be different if the United States and Transatlantic agreed by
    contract that shipment was to arrive in Iran within a period of time that was only possible if the
    shipper used the canal route? Explain.

    4. What do you think it would take for a court to render a contract commercially impracticable?
    In this case, the shipper was forced to spend almost $ 44,000 more than it had expected to
    spend in performing the $ 306,000 contract. What if the added cost had amounted to $
    100,000? Would you be persuaded that the contract was then commercially impracticable?
    What if the closing of the canal doubled the price of the contract? Explain.

    In 1956, Transatlantic Financing, a steamship operator, contracted with the United States to
    ship wheat from Texas to Iran. Six days after the ship left port for Iran, the Egyptian government
    was at war with Israel and blocked the Suez Canal to shipping. The steamer therefore was
    forced to sail around the Cape of Good Hope. Transatlantic accordingly sued the United States
    for its added expenses as a result of this change of circumstances. Transatlantic contended that
    it had contracted only to travel the “usual and customary” route to Iran and that the United
    States had received a greater benefit than that for which it contracted. The district court held for
    the United States; Transatlantic appealed.

    ANSWER
    https://solvedquest.com/1-a-what-did-the-court-find-with-respect-to/

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