Deakin University
Browse
keily-howdoesthecookie-2003.pdf (957.69 kB)

How does the cookie crumble? legal costs under a uniform interpretation of the United Nations Convention on Contracts for the International Sale of Goods

Download (957.69 kB)
Version 2 2024-06-17, 14:05
Version 1 2015-05-12, 12:18
journal contribution
posted on 2024-06-17, 14:05 authored by T Keily
A family owned Mexican company, Zapata Hermanos Sucesores, S.A. ("Zapata"), sold approximately US$950,000 worth of cookie tins over a period of four years to the Maurice Lenell Cooky Company ("Lenell"), an American company that produced baked goods. Lenell failed to pay Zapata for the cookie tins so Zapata sought legal advice and instituted legal proceedings against Lenell for breach of contract in the Federal District Court of Illinios. The cookie tin sale contracts were governed by the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Zapata succeeded in its Federal District Court claim and, as part of the Court's order, was awarded US$550,000 as foreseeable loss under Article 74 of the CISG, being the amount of legal fees incurred by Zapata in bringing proceedings against Lenell. On appeal to the Federal Appellate Court, however, the award of legal fees was overturned. The parties now find themselves contesting a leave application to appeal to the Supreme Court of the United States of America in a much anticipated debate over who should pay the lawyers.

History

Journal

Nordic journal of commercial law

Volume

1

Pagination

1-23

Location

Turku, Finland

Open access

  • Yes

ISSN

1459-9686

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2003, Nordic journal of commercial law

Publisher

University of Turku Faculty of Law

Usage metrics

    Research Publications

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC