VLM Sold Frozen Potatoes to IT in Nine Transactions Without

question 226

Multiple Choice

VLM sold frozen potatoes to IT in nine transactions without problems. But then IT failed to pay VLM for some shipments. The invoices from VLM stated that the buyer would be responsible for any attorney fees in case of breach of contract. The trial court held that IT was responsible for payment but held that under the Convention on Contracts for the International Sale of Goods (CISG) IT was not responsible for attorney fees. The appeals court:

• A) agreed because the CISG clearly prohibits an attorney fee payment clause.
• B) ​agreed because the CISG requires express agreement to an attorney fee payment clause; the invoice was not sufficient to create that agreement.
• C) ​disagreed because IT accepted the invoice without objecting to the attorney fee provision, as is required by the CISG.
• D) ​disagreed because the CISG clearly requires the responsible party to pay attorney fees whether there was a written agreement or not.
• E) ​none of the other choices are correct.

---

Definitions:

Full-load Speed

The speed at which a motor operates when it is carrying its rated load.

Label Designation

A system of identifiers assigned to items to indicate information such as control function, component type, and usage.

Stator

The stationary part of an electric motor or generator, containing coils of wire.

Conduit Box

An enclosure attached to electric motors or other equipment that allows for the connection and protection of wiring.