The Natural Gas Case

The Natural Gas Case


* This case is about the negotiation of purchasing a gas between two parties engaged – the plaintiff a German firm and the accused an Austrian partnership. Around the 18th of December 1990 the plaintiff faxed the defendant with an offer to obtain 700-800 metric tons. In the meantime Austria reacted that the dispatch will be coming from US pertaining to delivery to Belgium and the price is $376 per tone. Additionally a letter of credit was essential, since both of the celebrations haven't seen each other, which will guarantee seller that the client will be able to execute a payment. For the individual to deliver a notification of credit rating, the accused needs to identify the place from the shipment in USA. Additionally the defendant asked for a larger order from the plaintiff, in order for this kind of to be worth every penny the time. The agreement to get a larger purchase made the plaintiff to contact with a Dutch reseller with an order of 3 000 tones with a price of $381 every tone. In 2-3 January 1991, one more information about the host to the shipment was required from the defendant by the plaintiff, because the traditional bank needs it in order to method a notice of credit. However , on the 7th of January 1991 – the defendant announced by fernkopie that the USA supplier is usually not agreed on exporting to Belgium, which means delivery with the propane can be canceled. A claim pertaining to $141, 131 from the plaintiff forwarded the Dutch company for the increased costs. The individual as well as the Nederlander gas reseller sued the defendant to pay their elevated costs plus the loss of the net income. * In this instance, the courtroom decision which has been discussed is whether the seller of propane gas had breached its contractual duties by simply failing to supply the promised gas, and if the damages were appropriate, or if it was the buyer's wrong doing that they would not provide them with the letter of credit. 5.

Theory – Conceptual Framework

2. Plaintiff – the party that acadamies a suit in the courtroom * Defendant-...



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