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CISG CASE PRESENTATION

United States 27 April 2005 U.S. District Court [Alabama] (Treibacher Industrie, A.G. v. TDY Industries, Inc.)
[Cite as: http://cisgw3.law.pace.edu/cases/050427u1.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 20050427 (27 April 2005)

JURISDICTION: United States

TRIBUNAL: U.S. District Court, Northern District of Alabama, Northeastern Division [federal court of 1st instance]

JUDGE(S): Virginia Emerson Hopkins

CASE NUMBER/DOCKET NUMBER: CV-01-HS-2872-NE

CASE NAME: Treibacher Industrie, A.G. v. TDY Industries, Inc.

CASE HISTORY: Proceedings pending before U.S. Court of Appeals (11th Circuit); see Appellant's Opening Brief, dated 6 July 2005; Brief of Appellee, dated 8 August 2005; Appellant's Reply Brief, dated 1 September 2005. Court of Appeals decision 12 September 2006 [affirmed]

SELLER'S COUNTRY: Austria (plaintiff)

BUYER'S COUNTRY: United States (plaintiff)

GOODS INVOLVED: Hard metal powders


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 3 ; 4 ; 8 ; 9 ; 11 ; 74 ; 77 ; 78 [Also cited: Articles 23 ; 24 ; 58 ]

Classification of issues using UNCITRAL classification code numbers:

3C [Sale of goods: what constitutes a "sale"];

4B [Scope of Convention (issues excluded): fraud];

8A ; 8C [Intent of party making statement or engaging in conduct; Interpretation in light of surrounding circumstances];

9A ; 9B ; 9C [International usages; Practices established by the parties];

11B [Proof of contract by any means, including witnesses];

74A ; 74B [General rules for measuring damages: loss suffered as consequence of breach; Outer limits of damages: foreseeability of loss];

77A [Obligation to take reasonable measures to mitigate damages];

78A ; 78B [Interest on delay in receiving price or any other sum in arrears; Rate of interest]

Descriptors: Sale, definition of ; Intent ; Usages and practices ; Formal requirements ; Scope of Convention ; Fraud ; Damages ; Mitigation of loss ; Interest

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Editorial remarks

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English): Memorandum of Decision, dated 27 April 2005; Memorandum Opinion and Order, dated 27 April 2005; Order of Judgment, dated 27 April 2007

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated September 14, 2006
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