MEMORANDUM FOR CLAIMANT

UNIVERSIDAD NACIONAL DE ASUNCIÓN • MEMORANDUM FOR CLAIMANT
amounted to a transgression of lit. (b) of which RESPONDENT cannot be exempted.
Finally, in delivering squid lacking the main feature of the squid in the sample,
RESPONDENT violated lit. (c).
III. THE EXAMINATION OF THE SQUID AND THE NOTICE OF NON-CONFORMITY WERE
CISG COMPLIANT
6. As the squid were carefully examined the minute they arrived, CLAIMANT inspected the
goods within as short a period as was practicable in the circumstances. After the successful
initial examination, CLAIMANT had no reason to proceed with the inspection. Alternatively,
as the goods were redispatched, the examination could be deferred until the sub-purchasers
reached the fishing grounds.
7. RESPONDENT was informed of the nature of the lack of conformity eighteen days after it
was discovered. This was a reasonable time under the circumstances.
8. Even if the examination and notification are deemed to have been untimely, CLAIMANT
would still be able to rely on the lack of conformity under Art. 40 CISG, as RESPONDENT
could not have ignored the facts that resulted in the lack of conformity and these facts were
not disclosed to CLAIMANT.
IV. RESPONDENT’S FAILURE TO DELIVER CONFORMING GOODS AMOUNTED TO A
FUNDAMENTAL BREACH WHICH ALLOWED CLAIMANT TO AVOID THE CONTRACT
UNDER ARTS. 25 AND 49 CISG
9. RESPONDENT‘s contractual breach was fundamental. By lacking the requisite qualities the
squid could not serve their purpose and thus substantially deprived CLAIMANT of what it
was entitled to expect under the contract. Consequently, CLAIMANT was allowed to avoid
the contract under to Arts. 49 and 51(2) CISG.
10. CLAIMANT preserved the right to declare the contract avoided because it took all measures
to return the squid in compliance with the obligations imposed by Art. 82 CISG.
11. CLAIMANT duly notified the avoidance of the contract to RESPONDENT on 18 August
2008 fulfilling its obligation to do so under Art. 26 CISG.
12. CLAIMANT is entitled to rely on RESPONDENT's failure to perform, because said failure
was not caused by an act or omission of CLAIMANT‘s regarding Art. 80.
V. CLAIMANT TOOK ALL NECESSARY MEASURES TO MITIGATE LOSSES AND IS
ENTITLED TO DAMAGES UNDER ART. 45 CISG
13. Despite the rejection of all Danubian squid by the long-liners of Mediterraneo and the lack of
a local market in which to sell the squid as seafood, by properly storing and conserving the
squid at RESPONDENT‘s disposition and furthermore striving to sell the squid at any
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