The company T contracted with the German Company WV for supplying the materials for tents in Saudi Arabia. The contract stated the supply of most of the material from New York, the principal location of company T. The company WV’s architects and engineers acted as agents to the government of Saudi Arabia. Upon the bankruptcy of the company WV, the company T filed a case against the government of Saudi Arabia for the compensation. In defense, the government of Saudi Arabia approached the court for dismissal of the suit referring to the doctrine of sovereign immunity. To find: Circumstances when the doctrine of sovereign immunity is applicable.

Question

31 - Which of the following bear only the obligations of being a trader?A) Government official who has established a commercial enterprise although it is prohibited to engage in commercial activitiesB) A pharmacist operating a pharmacy without the permission of the Ministry of Health.C) A 15-year-old person who runs a business on his behalf, even partiallyD) A 25-year-old person who runs a business on his behalf, even partiallyE) A person who acts with third parties in good faith on behalf of a company that does not exist legally

Answer 1

Question

Chapter 11, Problem 3BS

(a)

Summary Introduction

Case summary: The company T contracted with the German Company WV for supplying the materials for tents in Saudi Arabia. The contract stated the supply of most of the material from New York, the principal location of company T. The company WV’s architects and engineers acted as agents to the government of Saudi Arabia. Upon the bankruptcy of the company WV, the company T filed a case against the government of Saudi Arabia for the compensation. In defense, the government of Saudi Arabia approached the court for dismissal of the suit referring to the doctrine of sovereign immunity.

To find:Circumstances when the doctrine of sovereign immunity is applicable.

(b)

Summary Introduction

Case summary: The company T contracted with the German Company WV for supplying the materials for tents in Saudi Arabia. The contract stated the supply of most of the material from New York, the principal location of company T. The company WV’s architects and engineers acted as agents to the government of Saudi Arabia. Upon the bankruptcy of the company WV, the company T filed a case against the government of Saudi Arabia for the compensation. In defense, the government of Saudi Arabia approached the court for dismissal of the suit referring to the doctrine of sovereign immunity.

To find: Exceptions to the doctrine of sovereign immunity

(c)

Summary Introduction

Case summary: The company T contracted with the German Company WV for supplying the materials for tents in Saudi Arabia. The contract stated the supply of most of the material from New York, the principal location of company T. The company WV’s architects and engineers acted as agents to the government of Saudi Arabia. Upon the bankruptcy of the company WV, the company T filed a case against the government of Saudi Arabia for the compensation. In defense, the government of Saudi Arabia approached the court for dismissal of the suit referring to the doctrine of sovereign immunity.

To find:Jurisdiction of the court for dismissal of the above case while referring to the doctrine of sovereign immunity.

Expert Solution & Answer

Trending nowThis is a popular solution!

See solution

Check out sample textbook solution

Students have asked these similar questions

31 - Which of the following bear only the obligations of being a trader?A) Government official who has established a commercial enterprise although it is prohibited to engage in commercial activitiesB) A pharmacist operating a pharmacy without the permission of the Ministry of Health.C) A 15-year-old person who runs a business on his behalf, even partiallyD) A 25-year-old person who runs a business on his behalf, even partiallyE) A person who acts with third parties in good faith on behalf of a company that does not exist legally

Choose the right answer. 2. (The law of Agency) Conflict of interest means ________________. a. Agent is interested in Principal business b. Principal is interested in Agent business c. Agent stands to compete with Principal interest d. Principal stands to compete with Agent interest 3. (Law of Contract) The agreement is _____________ if it is caused by mistake as to any law in force in Malaysia. a. voidable b. void c. valid d. illegal 4. (Law of Contract) Yan wants to borrow RM20,000 from her friend Pang and Pang agrees to lend the money if Yan agrees to pay the money to Cathy, his sister in four installments. The above situation illustrates the principle of __________. a. consideration need not move from the promisee b. part payments are valid consideration c. natural love and affection is valid consideration d. executory consideration is performed after contract is made

Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)The buyer asks for a last minute change before approving the transaction. He no longer wants to clear the shipment at German customs, want the diamonds to be delivered at DHL warehouse in Bremen. How should Incoterms be modified so as to reflect those changes?