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LJU4804 Assignment 2 Semester 2 2025 (199151) - Due 15 September 2025 | ANSWERS

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Private International Law - LJU4804 Assignment 2 Semester 2 2025 (199151) - Due 15 September 2025; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... 2.1 If the court follows the objective approach, how would it go about determining the proper law of the contract? (Note: also refer to the prescribed article by Fredericks 2003 SA Merc LJ 63). (10) 2.2 Assume that Japanese law is found to be the proper law of the contract. Japan is a CISG contracting state. Should the court apply the CISG to the parties’ dispute? (Note: refer to your prescribed article by Wethmar-Lemmer 2008 De Jure 419) (5) 2.3 Discuss the primary responsibilities of the buyer and seller under the Incoterm as included in the contract. (Note: refer to your relevant prescribed reading material from Van Niekerk and Schulze).

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LJU4804
ASSIGNMENT 2 SEMESTER 2 2025

UNIQUE NO. 199151
DUE DATE: 15 SEPTEMBER 2025

, Private International Law

Question 2.1

If the South Gauteng High Court follows the objective approach to determine the
proper law of the contract, the court will seek to identify the legal system with which the
contract has the closest and most real connection. This approach disregards the
subjective choice of law by the parties (where no explicit choice is made) and instead
examines objective connecting factors.

According to Fredericks, the objective approach is concerned with the “centre of gravity”
of the contract, requiring consideration of factors such as:

 The place of performance of the contractual obligations;
 The place of contracting;
 The domicile, residence, or place of business of the parties; and
 The currency of payment and the subject matter of the contract.¹

In the present case, several factors are relevant:

 Place of performance: Payment had to be made into Sakana’s bank account in
Japan, and delivery took place FOB Tokyo.
 Location of the goods at delivery: The tuna was handed over to Catch’s carrier
in Tokyo, indicating a strong link with Japan.
 Places of business: Sakana’s place of incorporation and central administration
is Japan; Catch’s is South Africa.
 Currency of payment: The purchase price was denominated in euros, a neutral
currency but arranged in favour of the seller.

These factors demonstrate that the contract is more closely connected to Japan than to
South Africa. Under the objective approach, the court is therefore likely to determine
that Japanese law is the proper law of the contract.²

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