Order Description
In March 2013, Tabloyds Ltd of Norwich (‘Tabloyds’) contracted to purchase 5,000 units of
tablet computers from Emmensis BV of Holland (‘Emmensis’). The parties agreed that
Emmensis would pack the tablet computers in boxes containing 50 units each and insulation
foam to protect and prevent damage to the tablets. It was also agreed that Emmensis would
deliver the computers to Colt Hauliers Ltd in Holland for delivery by road to Tabloyds’
warehouse in Norwich. When Tabloyds took delivery of the tablets in May 2013 as agreed, it
found that the tablets had been packed into boxes containing 100 units each and that the
boxes did not contain insulation foam. On inspecting a sampling of tablets, Tabloyds found
that the screen on 20 out of 50 inspected had been broken and therefore suspected that close
to half of the entire delivery was probably defective. Tabloyds intends commence legal
action in the High Court in London to recover the purchase price that it had paid to Emmens.
It has approached you for legal advice on the following question.
If the High Court assumes jurisdiction over the case, how is it likely to determine the law
applicable to the sale transaction and what would be the court’s likely conclusion on that
issue (Your answer must be given based on Rome 1 Regulation on applicable law. Please give cases to illustrate your answer)
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