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LJU4804 Assignment 2 Semester 2 2024 (572928) - DUE 13 September 2024 R50,00   Add to cart

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LJU4804 Assignment 2 Semester 2 2024 (572928) - DUE 13 September 2024

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LJU4804 Assignment 2 Semester 2 2024 (572928) - DUE 13 September 2024 QUESTIONS WITH ANSWERS

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  • August 5, 2024
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  • 2024/2025
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LJU4804 Assignment 2
Semester 2 2024
(572928) - DUE 13
September 2024




[Company address]

, LJU4804 Assignment 2 Semester 2 2024 (572928) - DUE 13 September 2024




Just Jeans (Pty) Ltd is a clothing manufacturing company incorporated in South Africa

with its principal place of business in Durban. Just Jeans regularly purchases large

consignments of denim material from Materiale S.p.A, a company incorporated in terms

of the laws of Italy with its principal place of business in Milan (Italy). In January 2024

Just Jeans purchased another 2 large consignment of material from Materiale. During

the ongoing business relationship, the order was always for Blue Indigo cloth and this is

the only colour of cloth that Just Jeans uses for their denim brand. When the latest

consignment arrived at Just Jeans, the quality controller determined that the colour was

not Blue Indigo, but indeed Stone Washed Blue. Just Jeans informed Materiale that the

material did not conform to the contract, but Materiale disputed this. The contract

contained an arbitration clause, referring disputes arising out of the agreement to

settlement by means of institutional arbitration administered by the Arbitration

Foundation of Southern Africa. The contract did not contain a choice of law clause. In

terms of the contract, the consignment had to be shipped CIF (Durban) and payment

had to be made into Materiale’s business account held at Intesa Sanpaolo, Milan. As

mentioned, the consignment was delivered to Just Jeans’s warehouse, but Just Jeans

refused to make payment.

1. Why is this a private international law matter? (1)

2. How would the arbitral tribunal determine the law applicable to the substance of the

dispute? Refer to the relevant provision of the UNCITRAL Model Law on International

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