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Natural Gas, Research Paper Example

Pages: 3

Words: 817

Research Paper

In this case, it is important to note the challenges that are involved in the relationship between the two parties, and how these concerns were influential in leading to the breach of contract and the surrounding circumstances. It is important to develop an effective understanding of these concerns and how they supported the arguments conveyed by both parties in the case. It is necessary to consider that the case reflects a series of challenges that are based upon the defendant’s failure to provide full disclosure in determining how to transport the natural gas to the plaintiff, and how the plaintiff could not subsequently provide the requested letter of credit to support the purchase. Therefore, it could be considered that both parties are at fault in this case, but due to the nature of the defendant’s failure to exercise full disclosure, the defendant is in breach. As a result, the buyer faces the greatest risk, because the company was unable to follow through with its responsibility to obtain the necessary letter of credit in the requested time frame. At the same time, the defendant also took a significant risk by failing to provide full disclosure regarding the natural gas supplier and their rule regarding exporting the gas to another country. This is an important factor to remember that supports the overall circumstances of the case. In general, there is a great risk of failure of all parties to truly overcome the problems of the case and the challenges of managing a contractual arrangement of this nature. Furthermore, the case is complex because it leads to a more complicated approach to managing the transport of natural gas across different national boundaries, and how this is a difficult if not impossible set of circumstances to clarify without serious repercussions for all involved parties in the case.

Issues of the Case

In using international law to address the issues of the case, it appears that there are a number of legal issues at stake, and these represent different perspectives regarding the case and its potential outcomes. It is important to convey the issues of loss of profits in that the plaintiff experienced a loss of its potential profits as a result of its inability to receive the natural gas product as was intended. In this context, the company was entitled to the $15,000 in damages that was proposed as a loss of profits. From an international law perspective, this is a reasonable expense.

The buyer’s failure to obtain a letter of credit demonstrates that the defendant was unable to provide the natural gas as anticipated by the plaintiff, and as a result, the plaintiff could not provide the requested letter of credit. This was further exacerbated by the dependency of the plaintiff on the defendant to provide the natural gas product as promised in a timely manner. Since this was not the case, the buyer did not breach the letter of credit as suspected. However, the seller could be considered in breach because the company did not provide the requested service in the desired fashion, and therefore, could not obtain the requested letter of credit for the purchase. Since the seller did not research the situation explicitly before promising to sell the product to the buyer, the seller is in breach of the agreement.

In the context of the situation, the agreement between the two parties could be considered as voided, because technically, neither party essentially provided any real benefit to the other party in this case. The natural gas was not provided, and the letter of credit could not be established. Therefore, the contract should be null and void, based upon its original terms and conditions. Based upon the case, the buyer should be entitled to lost profits, based upon the amount of $15,000 that has been proposed with the agreement. The buyer’s circumstances also reflect a lack of follow through with the circumstances of the original agreement. This serves as a means of promoting the seller’s circumstances and the proposed outcomes. The buyer’s failure to mitigate by not performing the research that was necessary to support this case, and by also not providing the natural gas product is a reminder of the challenges of international law and how they complicate manners in many cases. These efforts are important in demonstrating the unique nature of international law, and how it supports a variety of important outcomes for both businesses. In future cases with similar circumstances, it is very important to consider the manner in which these organizations are important in supporting the terms of the contract. It is important for both organizations to develop a greater understanding of the challenges of international law, and to discuss these challenges beforehand so that both organizations do not face these circumstances in the future. These elements are necessary in order to determine the overall effects of international law and how it influences company risks in contract negotiations.

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