Settlement of disputes in Court - Contract Law (BLAW2211) | Đạo học Hoa Sen

Final Project Subject : Common Contract Law Class : LAW204DE01 Perform by : Group 4 Topic
: Settlement of disputes regarding sale contract by Court Member No Name Student ID Job Assignment % 1 Văn Viễn Chinh 22114627 Content,Slide, Word 100% Nguyễn Bích Trâm 2 22100084 Content, Slide, Word 100% Anh 3 Võ Hoàng Minh 22122954 Content, Slide, Presenter 100% 4 Nguyễn Hải Nam 22118141 Content, Slide, Presenter 100% 1
1. Purchase and sale of goods in accordance with the law Purchase and sale of goods:
Is a commercial activity established between the buyer and the seller with
equivalent rights and obligations, whereby the seller is obliged to deliver goods,
transfer ownership of goods to the buyer and receive payment; the buyer is obliged to
pay the seller, receive goods and the ownership of goods as agreed.
Is an inevitable transaction that occurs in daily life.
The purchase and sale of goods boost the supply and demand of consumers and
sellers. It is inevitable to avoid disagreements and disputes arising in the process of purchasing and selling goods.
A contract for purchase and sale of goods:
Is an agreement established based on the will of the parties to the contract,
whereby the parties undertake to perform their rights and obligations on the transfer of
goods, ownership of goods, delivery method, value of goods, payment method and
other related rights and obligations of each party arising during the performance of the contract.
A contract for the sale of goods may be made through verbal or written
engagement or specific acts depending on the will of the parties to the contract.
Why Is a Purchase and Sales Agreement Necessary ?
- It allows for negotiation between the buyer and seller.
- It helps the buyer and seller agree on and document a fair price.
- It dictates the terms of the sale.
- It contains important information about both the buyer and the seller.
Contracts for the sale of goods fall into two categories:
a. Contract for the sale of domestic goods.
b. Contracts for the international sale of goods. 2
2. Common disputes over the purchase and sales of goods
What is the dispute for goods purchase contracts ?
Disputes over contracts for the purchase and sale of goods are contradictions
and disagreements on the rights and interests between the parties involved in the
contract, mainly related to the implementation or not exercising the rights and
obligations under the contract or according to laws.
In practice, the most common disputes over contracts for the purchase and sale of
goods may include disputes due to:
- Disputes caused by the subject of the contract not authorized to sign.
- Disputes caused by the seller's breach of the delivery obligations (the seller's
late delivery, the seller's delivery of goods in the wrong type and quantity as
committed in the signed contract of sale of goods, etc).
- Disputes caused by the buyer's breach of payment obligations.
- Dispute of contracts for the sale of goods related to the issue of compensation
for damage caused by a breach of contract.
- Dispute over the objective of the contract.
- Dispute of contracts for the sale of goods to the goods warranty obligations.
Characteristics of disputes about goods purchase and sale contracts:
Contradictory element: The contradictory element is the disagreement of a
party with the other side about how to perform the contract or find that they can be
infringed with rights and interests.
There is a breach of contract by one of the parties: A breach of contract means
the failure to perform, inadequately perform or improperly perform obligations under
an agreement entered into between the parties to a contract.
This is the basis of arising the dispute because of the effect on the legitimate
rights and interests of the parties in the contract. 3
There is damage to the violated party: When a party is damaged on their rights
and property, there will inevitably be a breach of the contract. At that time, the damage
of the party is violated will be the basis of a dispute arising.
3. Settlement of disputes over the purchase and sale of goods in Court:
When a dispute occurs, especially a dispute over a contract for the sale of
goods, the parties should prioritise the settlement of disputes.
Settlement of disputes over contracts for purchase and sale of goods at Courts
is the method of settling commercial disputes at trial bodies in the name of the State
power, which is implemented by the Courts in a strict and strict order and procedures as prescribed by law.
Settlement of disputes over contracts for purchase and sale of goods:
- Conducted in a strict order and procedure through two levels of Court
adjudication: first – instance and appellate.
- The parties may appeal to the appellate Court if the first – instance judgment
does not satisfy the aspirations of the parties.
- The judgment of the appellate Court is decisive and enforceable.
- The effective judgements of the Courts are ensured by the coercive power of the state. Advantages:
- When resolving through two levels of trial in the Court, it will facilitate the
trader in reclaiming his/her legitimate rights and interests.
- Through arbitration procedures, the decision of the arbitration is valid and cannot be changed. Disadvantages:
- The parties will be costly and time-consuming because having to go through
multiple levels of adjudication will affect the production and business processes of the parties. 4
- The procedures for resolving disputes through the Court are more inflexible
because they have been prescribed by law. 5 Reference Material The Civil Code Law 2015 Commercial Law of Vietnam 2005
Purchase and sale of goods Definition | Law Insider. (n.d.). Law Insider.
https://www.lawinsider.com/dictionary/purchase-and-sale-of-goods
What Is Purchase and Sale Agreement Definition ? (n.d.). UpCounsel.
https://www.upcounsel.com/purchase-and-sale-agreement-definition
Huu, P. N., & Huu, P. N. (2022). Disputes over contracts for purchase and sale of
goods and notes when disputing at the Court. Phuoc & Partners Vietnam International Law Firm.
https://phuoc-partner.com/disputes-over-contracts-for-purchase-and-sale-of-
goods-and-notes-when-disputing-at-the-court/ 6