Please answer the folowing questiong by identifying (1) The legal issue (2) Rules apllied (3) Application (4) Conclusion
1.RISK OF LOSS UNDER CISG
Buyer and Seller are located in different countries that have adopted CISG. Buyer purchases a software package online that immediately downloads abd rebders a particular hardware operational (but has no express warranty). After the software is completely downloaded, the program does not function correctly due to incompatibility with Buyer's configuration. Buyer alleges that it was Seller's responsibility to specify the required configuration for the program to work. Seller alleges that it was Buyer's responsibility to check whether his computer was correctly figured for the program. Who do you think is correct? Explain.
2. MARITIME LIENS
Mr. Ess, the owner of the SS Skimpy and an American citizen, borrows money from MultiBank in London to outfit his ship, giving the bank a maritime lien. Mr. Ess sells the Skimpy to Mr. Tee, a Canadian. Mr. Tee is unaware of the lien and unaware that Mr. Ess has defaulted on the loan. When the ship pulls into a British port, the bank arranges for it to be arrested and sold to pay off the balance due on the loan. Can the bank act like this?