LJU4804 Assignment 2 Semester 2 2024 Unique Number: 572928 Due Date: 13 Septem ber 2024 DISCLAIMER & TERMS OF USE 1. Educational Aid: These study notes are designed to serve as educational aids and should not be considered as a substitute for individual research, critical thinking, or professional guidance. Students are encouraged to conduct their own extensive research and consult with their instructors or academic advisors for specific assignment requirements. 2. Personal Responsibility : While every effort has been made to ensure the accuracy and reliability of the information provided in these study notes, the seller cannot guarantee the completeness or correctness of all the content. It is the responsibility of the buyer to verify the accuracy of the information and use their own judgment when applying it to their assignments. 3. Academic Integrity : It is crucial for students to uphold academic integrity and adhere to their institution's policies and guidelines regarding plagiarism, citation, and referencing. These study notes should be used as a tool for learning and inspiration, but any direct reproduction of the content without proper acknowledgment and citation may constitute academic misconduct. 4. Limited Liability : The seller of these study notes shall not be held liable for any direct or indirect damages, losses, or consequences arising from the use of the notes. This includes, but is not limited to, poor grades, academic penalties, or any other negative outcomes resulting from the application or misuse of the information provided.
QUESTION 1 (2 AN SWERS PROVIDED) This scenario is a private international law matter because it involves a contractual dispute between parties from different countries: Just Jeans (South Africa) and Materiale S.p.A (Italy). The conflict arises from the delivery of goods (denim material) t hat do not conform to the agreed specifications. Private international law is required to determine which legal system (lex causae) governs the contractual obligations and dispute resolution. Since the contract lacks a choice of law clause, it is crucial t o establish the applicable legal system to resolve the dispute. Additionally, the arbitration clause requires consideration of international arbitration rules and the law of the forum (lex fori). ]