The Case Briefing of Russian Federation
Facts of the case:
The firma party of onion will be conveyed by the polish company ‘electrum’ to the Russian joint – stock company on 11 May 1994. On 1 May of the resembling year the first carry out was approved good. For the second quantity of onion, vendors made up their minds to alter the regulations of conveying and took them the destination via the bow FOB Alexandria (Egypt). While the reaching of the items, the purchaser suddenly became aware of the caliber of onions, which were conveyed offensive to good taste and rejected to charge money for the items. Court on February 25, the judgement was made by the court on the issues of claims, expenditures of court and the price paid in the amount of $ 304.072 and $ 151.576
Legal issue:
Is it possible that the alteration in association with the catering situations outside of written proof is probably acceptable?
Rule: Article 12 was taken from the CISG
Holding:
The purchaser ought to give money for the products according to the judgement of the court. This is because of the modification the vendor could make to the regulations of conveying according to the agreement.
Rationale:
Depending on the rules of Russian legalization, the agreement would be in paper written form or it might be conducted not in accordance with the usual with the usual regulations based on the conditions of the law. To modify the agreement, signature of the division is not indispensable and also the company of Russia assented to the modifications in the agreement by putting it into practice to convey the onion by the carrier.