LJU4804 Assignment 2( FULL ANSWERS) Semester 1 2025 (147566) - DUE 28 March 2025

LJU4804 PRIVATE INTERNATIONAL LAW ASSIGNMENT 2 FOR FIRST SEMESTER STUDENTS UNIQUE NUMBER: 166975 DUE DATE: 16 April 2025 at 17:00 (CAT) Instructions for answering the assignment: Read the set of facts below and then answer the questions that follow: Computec (Pty) Ltd is a South African company with its principal place of business in Johannesburg, South Africa. Computec manufactures and exports computer hardware components. Technologie GmbH is a German company with its principal place of business in Hamburg, Germany. Technologie regularly purchases large consignments of computer hardware from Computec. It has become standard practice between the companies that the goods are shipped CIF (Hamburg) (Incoterms 2020). Payment is always made by means of confirmed letters of credit, issued by Deutsche Bank (Berlin) and confirmed by Rand Merchant Bank, (Johannesburg). The contract contains a choice of law clause in favour of German law. During June 2023, a dispute arose as to the quality of a shipment of computer components received in May of that year. Technologie argued that the quality of the hard drives received in that shipment, were not of the same quality as those received in previous orders and demanded that the hard drives be replaced. Computec refused, arguing that the goods were in conformity with the contract. In February 2024, Technologie instituted a claim against Computec in the South Gauteng High Court. 1.1 Germany is a CISG contracting state. Should the CISG be applied to the dispute between the parties? (Refer to the applicability criteria of the CISG and your prescribed journal article on the topic). Yes, the CISG should be applied to the dispute between Computec (South Africa) and Technologie GmbH (Germany), provided the parties have not explicitly excluded its application. Applicability of the CISG: Article 1(1)(a) CISG